Employee Retention Agreement
What is a retention agreement?A Retention Agreement is a legal contact between either an employer and an employee or an attorney and their client. A retention agreement can fall between a onetime contract and full time employment. This feature is that the employer can pay in advance for work that will be done at a different time. Also, retention agreement is common when a person needs services of a lawyer or attorney, they will pay a retainer fee to the lawyer so they can over see the case and come to a conclusion. This fee is an agreement between the client and the attorney to provide for a “contingent fee”. When there is no agreement the fee is refundable if the work is not performed. Read below where Experts have provided answers to the top commonly asked questions relating to retention agreements.
If someone has received a judgment through the attorney and they have received money, can they demand the payment from the attorney, also if the check from the bank was issued to the attorney was that the attorneys decision or does the bank require this?If they were represented by an attorney, and the attorney filed the judgment, the check would have been issued to the attorney and not the other person. If they have not signed a retention agreement with the attorney outlining their fees, they can demand that the attorney pay the money back, regardless if they still owe the attorney money. If the attorney fails to pay this money back, then they can sue them for the money not returned.
How can someone fire an attorney?Before they proceed in firing their attorney, they may need to read their retention agreement if there is one. If they proceed in firing the attorney without reading the retention agreement carefully, and they win a case with another attorney they may have to pay the previous attorney for their time. In order to terminate the attorney they will just need to simply tell the attorney that they no longer want them representing their case. When notifying the attorney of termination they can present them in writing through a certified letter. If the case has already been seen in court, they will need to file their appearance with the court to remove their attorney’s appearance. Also, if they hire another attorney the new attorney will need to notify the previous attorney in writing of the change.
If someone has given an attorney a check and stated for them not to cash it until they talk to the attorney personally, what can they do if the attorney does cash it and is changing the times on when to return the money and check?In most states, it is considered unethical to accept money from a client without a written and signed retention agreement. They can file a complaint with the state bar grievance panel to help them in having the money returned (this process can take up to 10 days or longer). They can also try to negotiate with the attorney to return the money to avoid this sort of complaint. Another option would be a lawsuit for the return of the money, which can be costly and take much more than 10 business days.
When a client has signed medical release papers, does that give the attorney the right to any payments?When signing medical release forms that gives the attorney the right to obtain their medical records, this does not give them the right to collect any payments from the client, that is if the client and the attorney has not signed a retention agreement. If no retention agreement was signed then the client is not forced to comply with the attorney.
If someone works for more than one division within the same company, is the company obligated to move the employee to a different job that offers a higher pay grade if they suggested they would upon a position openingWhen there is no written contact forcing the company to move the employee to a different pay grade, the suggestion is that the employer would when there was an available slot and it not enforceable. The sister division is not legally obligated to provide the employee with the same benefits that they had at the previous employment.
When signing a retention agreement, many times the services that two people have agreed upon are not met, so if there was a payment made and these services were not met, the payment is to be returned. But, many times these situations do not go over so smoothly. Many people will need legal answers and insight relating to retention agreements, contact an Expert where the Experts provide fast and affordable legal answers to many different situations regarding employment laws.