REVIEW OF SETTLEMENT AGREEMENT
In this review, I shall strictly limit myself to the areas that have caught my attention in the Settlement Agreement you sent. The observations are for informational purposes and you shall look over them and decide whether to proceed and sign the Agreement or not.
- Scope of the Release
The Agency seeks to be released from any claim that you might have against them including any if their officials, pertaining the facts of the case.
The Agency also wants you to remove/ withdraw, with prejudice, all cases you have against them that you instituted anytime before the date of signing the Settlement Agreement. Dismissal with prejudice means that you can never bring the case again against the Agency, over the same facts.
It follows, the Agency wants to end all past and future litigation over the facts and/or the issues you are complaining of. When you sign the agreement, you may not be able to bring any complaint against the agency over the same subject matter/ facts/ complaints.
- Section 3(c)
Under Section 3(c) of the Agreement, the Agency proposes that it shall not be responsible for the settlement in case you fail to attend the proposed training due to reasons not attributable to them.
The question that arises here is what about circumstances that are beyond your control? For example, when you fall sick and fail to attend the training. Will their obligation under the Agreement cease thereby? Please think about this before signing the Agreement.
When you sign the Agreement, you may not be able to proceed with the training program in the event anything happens to you and you’re not available to attend the training when scheduled, including your sickness, or any other emergency.
- Waiver of Costs and Damages
The Agency wants you to waive any and all costs and damages regarding your complaint, including Attorney’s fees.
Accordingly, when you sign the Agreement, you will not be able to claim any costs or expenses associated with your complaint, against them.
Those are my observations.
Regards!
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