Settlement Agreement

[Esspresso]

I filed a lawsuit against my former employer. The other day I contacted them and offered a settlement. They of course counter-offered. I did verbally accept.
My question is this: can I back out of the offer, if no papers have been drawn up or signed and money hasn't changed hands yet? If I can, how will the judge next week interpret this?
If I'm going to back out, I really want to send an e-mail today, before they draw a check and letters in the a.m. tomorrow.

 

[JETX]

Ethically and morally you should be bound by your word. There are so few people who stand by their word anymore (sigh!). How would you feel if you were in their shoes... they had accepted YOUR offer and then they withdrew it!!! PPP (Probably Pretty Pissed!).

Generally, offers to settle are not admissable in court (someone could offer a 'nuisance settlement', to get rid of a case and still be absolutely innocent). However, what you have is not just an offer, but an acceptance. This is in every way a verbal contract. If they push it in court (and I would), you will very probably have to live with your acceptance. If you feel that you have some 'weasel room' to convince the court that you really didn't understand or was confused, you might get the court to agree that an agreement really didn't exist.

All depends on the circumstances and your ability (desire) to sidestep the agreement. But one thing to remember, NO one knows what verdict will come from the court, and the settlement offer might look mighty attractive in 'hindsight'!

 

[Esspresso]

Your right about the ethics and morality about it. Which is why, I asked.
They had actually put a severance offer in writing, then took it back, which is the reason for the suit.
One of the things that bothers me is that they had filed a counter-suit and were requesting payment of an invoice that I owe another company that does business in their building. During our phone conversation they said they wanted to reduce the amount of the offer by the amount of this invoice. Would the fact that they are two seperate business entities and involving the other in the settlement make it null & void?
Also should I have been sent a copy of the counter-claim? We went to court a month ago and the case was continued, it was then that I learned about the counter-claim when the judge read it.
On one hand I want to stand by my word, on the other, my daughter reminded me why I filed this suit to begin with.

 

[JETX]

Me thinks your attempt to rescind the verbal agreement based on the issue of another company invoice offset is a 'smoke screen'. After all, I am sure that you knew of this offset during the agreement discussion that you accepted. Only later did it become a 'concern' and you are using it as an 'out'.

And, based solely on your post, it appears that you should have been notified of the cross action, but again, that has nothing to do with the agreement acceptance.

Quit trying to find ways to get out of what you have already said that you had accepted their offer. Make your own decision based on the fact that their offer to you was acceptable UNTIL you were convinced that it wasn't. You decide.

Here is my personal opinion of your options:
1) Stand by your word of acceptance, take the settlement and get on with your life... Case closed.
2) Revoke your acceptance and get ready for trial. If you did this to me, and depending on my case against you, I would cease all further settlement discussions and take my chances in court. Heck, I might have a good enough case to win and make you pay MY legal fees!!

As I said before, NO one knows how a case will be decided (even OJ got off)!