If the employee violates an important clause or condition in the settlement agreement before paying the severance pay, you can refuse payment. What happens if, after receiving the money, the employee violates the agreed terms? In the event of debt over $750.00, you can make a legal claim that could ultimately lead the employee to bankruptcy if he does not meet the terms of the claim. Alternatively, you can sue the employee for breach and sue the employee in court proceedings, although it may be longer and more costly. One of the preconditions for the validity of a transaction contract is that the worker has received independent legal advice from legal counsel on the terms and effects of the agreement. The costs associated with this consultation are often covered by the employer. Whoever is responsible for the legal costs, the counsellor must act in the best interests of the individual! It depends on the terms of the agreement. If the worker meets a precedent (which provides that payment is made only if certain conditions are met), the employer is entitled to withhold or claim compensation. Under these conditions, the parties remain bound by the terms of the agreement and the worker would not be able, for example, to assert new rights at work against his employer. The second complication was the existence of a California law provision in the transaction contract. However, the parties appeared to have ignored this issue and the Nevada Supreme Court found that it had been quashed by mutual agreement between the parties.
It therefore applied Nevada law throughout its submissions. The relevant factors are the time elapsed since the agreement. The longer the gap, the more likely it is that you will be able to recover all the funds paid. The terms of the contract are legally binding and, if they contain provisions that must be refunded in the event that the worker significantly violates the conditions, the school can take steps to recover the money. In finding an infringement, the board first found that the terms were of the utmost importance in interpreting the terms of a transaction and that (other) evidence of the parties` intent is only taken into account if the terms of the agreement are ambiguous. The board found no ambiguity in the confidentiality provision of the transaction. In addition, the Board did not see sufficient reason for the breach, since the Agency could have disclosed that Ms. Markey had “resigned” by notifying the EEO auditor of the personnel actions without disclosing the transaction. Even if a worker is required to seek the assistance of an independent lawyer with respect to the contractual terms and the consequences he has on his ability to assert rights before an employment tribunal or other jurisdiction, he may decide to go back on his word and violate the agreement. If this happens, employers will not have to sit down and accept only the violation, they can take action.
To be considered a major offence, it must be an important and serious act, not something minor or trivial.