unsettling settlement

[morton36]

What is the name of your state?California
Hello all. I have a question concerning 'settlement agreeements', and if there is any way to dispute them? My situation: I recently reached what I thought was an amicable settlement with my former employers.I had filed a claim for 'Off The Clock' work owed me. They agreed to meet my financial terms, however I was asked to sign an agreement (and did) which protects them from just about anything. I also am obliged to read and accept this non-aggression settlement regardless of future findings.
My question is : Exactly how powerful is this document and is there a way to challenge the authority of it?
It has come to my attention that several clauses of this settlement were not agreed upon in good faith, and those laws are undermining me. My former employers withheld information that puts them in over 300 clear violations of 'meal period provision' that adds up to thousands of $!!! Until, that is, I signed this 'settlement', agreeing No further litigation! Can a 'settlement agreement' be binding if part of its purpose was to deceive and withold $ owed to me? What can I do? Any help?

 

[BelizeBreeze]

What is the name of your state?California
Hello all. I have a question concerning 'settlement agreeements', and if there is any way to dispute them? My situation: I recently reached what I thought was an amicable settlement with my former employers.I had filed a claim for 'Off The Clock' work owed me. They agreed to meet my financial terms, however I was asked to sign an agreement (and did) which protects them from just about anything. I also am obliged to read and accept this non-aggression settlement regardless of future findings.
My question is : Exactly how powerful is this document and is there a way to challenge the authority of it?
It has come to my attention that several clauses of this settlement were not agreed upon in good faith, and those laws are undermining me. My former employers withheld information that puts them in over 300 clear violations of 'meal period provision' that adds up to thousands of $!!! Until, that is, I signed this 'settlement', agreeing No further litigation! Can a 'settlement agreement' be binding if part of its purpose was to deceive and withold $ owed to me? What can I do? Any help?

Assuming you are an adult and you were not on drugs, and assuming you had the chance to read and understand this agreement, you signed it, you live by it.

 

[morton36]

My question was not 'what is the right thing to do' in accordance with your moral standard. I have integrity and will do the right thing.
My question is this: Only God is almighty. There must be some accepted circumstances that would allow some sort of challenge. I pursued this with no help, while my former employer has a TEAM of lawyers. Not being in this situation before, I thought there was a way to prevent someone who is withholdind my clockout records (which show 191 lunchbreak violations+125 others..) with the exact purpose of nondisclosure.
CIVIL CODE
SECTION 1667-1670.6





1667. That is not lawful which is:
1. Contrary to an express provision of law;
2. Contrary to the policy of express law, though not expressly
prohibited; or,
3. Otherwise contrary to good morals.



1668. All contracts which have for their object, directly or
indirectly, to exempt any one from responsibility for his own fraud,
or willful injury to the person or property of another, or violation
of law, whether willful or negligent, are against the policy of the
law.

 

[cbg]

No one here is able to discuss the enforceability of a document they have not read. I tend to agree with Belieze; the time to challenge the document was before you signed it, not after. No one was holding a gun to your head preventing you from having a lawyer review it beforehand. But if you are to have any hope of overturning it now, you will HAVE to show it to an attorney now. We can't read the document; we can't judge its enforceability.

 

[BelizeBreeze]

My question was not 'what is the right thing to do' in accordance with your moral standard. I have integrity and will do the right thing.
My question is this: Only God is almighty. There must be some accepted circumstances that would allow some sort of challenge.
.

Did you ask yourself "What would Jesus do?"

 

[grasmicc]

You should take the agreement to an attorney. In theory, I can think of at least one good argument to try to get you out of this contract, but in practice I'm not sure it would be worth it.