The complainant`s lawyers made a counter-offer to settle the $10,000 damages action. We confirmed our “Drop Hands” offer with the caveat that abandonment after the expiry of the offer would no longer be an option, and we would then ask for reimbursement of our expenses. Dr. Sharmala Moodley, Assistant Director of Claims Processing, guides you through what awaits you if you receive a notification of a claim. We have focused above on written communications, but if you are considering having an unprejudiced phone conversation or personal interview, make sure that unless you have an experienced lawyer/negotiator to advise you beforehand. More specific agreements may include details such as detailed commitments of the parties, stock options, actions, management agreements, third party rights, applicable jurisdiction. The lawyers on our labour law team specialize in compromise agreements. We are able to offer quick and comprehensive advice to employers. On behalf of the member, we have denied liability for the claim and, to avoid escalating costs if the claim is extended, we have made a drop-hands offer to the complainant`s lawyers. This means that the application will be suspended and both parties would bear their own costs. The transaction agreement is a drop-hands agreement that ensures the safety of both parties. Employers generally rely on them to avoid further complaints in situations of dismissal or when the termination procedure is questionable or where there is a risk of discrimination.
On the other hand, workers can negotiate better financial and non-monetary benefits and conditions at the time of signing, without having to face fees, resulting in a reduction in their legal costs. In this way, you do not have to pay for legal representation, you run the very real risk of losing your case and you will receive the tax benefits of a billing under a transaction contract: “A bird in hand is worth two in the bush”, as they say so nicely. The transaction contract is in the “complete and final” regime of all rights against the employer or worker. Indeed, it will be a drop-hands agreement in which both parties will get away with the certainty that there will be no further proceedings against any of the parties, except in the event of a violation of the application of the terms of the settlement agreement itself. Some of the terms that are usually present are: It may seem obvious, but if you are not used to writing legal letters, it is very important that your letter looks professional without prejudice. It must be entered on a computer and in the right letter format. If you are not sure that the format is correct for a formal letter, use one of the examples on our website. If, in such circumstances, you are not in negotiation or are not sufficiently prepared, you may find yourself in a difficult situation and, in the end, you will find information about things you find later not in your best interest. More information and instructions on this can be found in our article on bias-free encounters and conversations. “Without prejudice,” communications are a key element in negotiating a transaction agreement. You can take a written or verbal form.
Normally, however, you should really ask for up to twice as much time as you can reasonably achieve, depending on the strength of your case. Therefore, if you can count on a gross salary of three months plus termination, you can try to get a gross salary of six months plus notice in your initial offer. [insert the name and address of another party`s lawyer] It is a real art, like a science, to write a concise letter without prejudice, while maintaining the full effect of all content. If your employer receives this kind of masterpiece, they will probably think that a good lawyer has been helped and will therefore be more inclined to offer you a deal. Tell us how much you enjoyed working for the company and how much you appreciate its work.