What is Section 1542 of the California Civil Code?
1542. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.
Who can advise on a settlement agreement?
Your employer will usually pay for you to get independent legal advice on the agreement. Most often it will be from a qualified lawyer, but it could also be a trade union rep or advice worker who are authorised to advise on settlement agreements.
How do I get a settlement agreement conversation?
Although a protected conversation is usually initiated by the employer, an employee can also request one, provided that it is with a view to agreeing a settlement agreement. During the discussion, employees could propose a settlement agreement themselves or ask their employer to make an offer.
Can you record a protected conversation?
So long as there are no allegations of whistleblowing, breach of contract, or discrimination, then a protected conversation is off the record.
When should you have protected conversations?
Protected conversations are a vehicle for making an offer and negotiation before the termination of an employee’ employment, with a view to it being terminated on terms agreed between the employer and the employee. Such terms will normally be recorded in a settlement agreement.
How do you introduce a protected conversation?
Start off with your open position first before you have your protected discussion. If its redundancy; performance or disciplinary, get your open correspondence on record first or have your first official meeting before you have a protected conversation.
Is a protected conversation confidential?
A protected conversation take place when an employer and employee engage in confidential discussions which are kept ‘off the record. That being said, employers should be aware that there are limitations to the protections provided by s. 111A with regards to these pre-termination negotiations.