Employment Law

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I'm just trying to learn more about what constitutes signing…

Customer Question
Hi there. . I'm...

Hi there. . I'm just trying to learn more about what constitutes signing a contract under duress. And more about the burden of proof etc

Lawyer's Assistant: Have you documented this or discussed it with HR?

I somewhat recently entered into a settlement with a music company that broke a written agreement with me and pressured me into a small settlement

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Well the company is an LLC band operating under atlantic records and a publishing company in LA I believe "at will"

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Or a work for hire type thing

Submitted: 3 months ago.Category: Employment Law
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12/28/2017
Employment Lawyer: John, Employment Lawyer replied 3 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5,944
Experience: Exclusively practice labor and employment law.
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Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. Please note that the website may ask you if you desire premium services, such as a phone call. I do not control these prompts, and you are not under any obligation to order premium services to get a full answer from me. If you do desire premium services, however, feel free to select that option. I will have an answer for you shortly, unless I require additional information. Please be patient while I may have to research some matters before providing a response. In the meantime you should save the url link or bookmark this webpage in case you become disconnected and need to return to this page at a later time.

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Employment Lawyer: John, Employment Lawyer replied 3 months ago

If you are seeking to void a contract for reason that it was entered under duress, you would have the burden of proof to show that is more likely than not that you are induced by duress to sign the contract. You would have to show, therefore, that the other party threatened to harm you, or in fact did harm you, or threatened your reputation or personal status, into consenting to enter the agreement; ergo you would not have consented absent the threat of harm or harm in fact. You would have to file a declaratory action with the court asking the court to void the agreement under its equitable powers. It's important to note that things that are just bad aren't neccessarily duress. For example, if the other party knew you needed money quickly and low balled you on the contract knowing it wasn't a fair amount, but that you'd take it because you were desperate for money, is not duress. Durress must essentially be a preimenet and immediate danger to yourself that you cannot otherwise avoid absent bending to the other side's will to enter the agreement.
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