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breach of compromise agreement by employer.

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Comments

  • tizerbelle
    tizerbelle Posts: 1,921 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    I really don't think you are going to get anywhere trying to get your old employer to amend the compromise agreement.

    For an agreement to be legal the employee has to have independent legal advice paid for by the employer. Your old employer has already paid two sets of legal fees on this agreement - yours and theirs. Presumably any amendment would be subject to the same requirements.

    Why would they pay a second set of fees to amend the agreement to provide "extra" protection to someone who I am sorry to be blunt that they presumably were happy to pay off and see the back off? Especially when tit's not their fault you or your legal advisor didn't consider all the possibilities and I'm guessing were happy to sign the agreement, take the money and run.

    So you either take them to court and as SarEl explained lose a load of money and make this a matter of public record or you just move on from this situation and in future if you are asked a direct question about disciplinary you do not lie.

    You can answer honestly about your past issues, how you learned from them and changed (make this up if you haven't) and you don't have to mention the compromise agreement (which would put you in breach of it) and if the new employer says "but the reference says this / doesn't mention this", you don't say it's an agreed reference and there's a compromise agreement in place because again you would then be in breach of it, you simply say "I'm sorry, I didn't send you the reference so I can't answer that"
  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 2:42PM

  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 2:42PM

  • mildred1978
    mildred1978 Posts: 3,367 Forumite
    Sar El is female ;)
    Science adjusts its views based on what's observed.
    Faith is the denial of observation, so that belief can be preserved.
    :A Tim Minchin :A
  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 2:42PM

  • SarEl
    SarEl Posts: 5,683 Forumite
    My considered legal opinion is that OP lives in cloud cuckoo land or is a troll. Employers agree to re-write CA's within a day without legal advice? Yeah, sure. Said re-write is legally binding without legal advice? Yeak, sure. You read it here first folks - sounds about as convincing as the "I didn't have any disciplinaries pending" line. Op may think we are stupid - but some of us know exactly how long these things take, and OP was still "composing his new CA" half way through the afernoon. OP - you obviously think your former employer is stupid, but we aren't. Good lucK with the future career - at the rate you are going you will never have one.
  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 2:42PM

  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 2:42PM

  • SarEl
    SarEl Posts: 5,683 Forumite
    I would expect good practise though is for the lawyer to pass it onto someone else so emotion doesn't get in the way.

    A lawyer who represents themselves has a fool for a client. Possibly also employees who are fools. But I am getting a hint here - OP possibly worked for a legal firm??? Heh - good luck with beating lawyers - they gossip like old nannies.

    But you still haven't exactly explained - why do the employees hate you so much and what exactly did you do to end up in this situation? Oh, and that other little thing we haven't even tackled - are you actually working in th elaw or another proscribed profession? Because CA or not - the employer has to disclose. By law. There is a lot here that has never been said - and possibly more than that.

    But I stand by every word I have said, and others can judge for themselves. But then - I have never needed a CA with an employee and if I did I would get another lawyer to deal with it. Because I am a professional.
  • Milkshock
    Milkshock Posts: 402 Forumite
    edited 2 November 2011 at 2:43PM

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