View Full Version : compromise and settlement

8th Feb 2013, 08:20
Some of you may already be aware that last month I got my marching orders from a previous employer. I took the issue to mediation and produced evidence that scored a direct hit. During the conclusion of the mediation a settlement was agreed to but is yet to be signed. Part of that settlement was my summary dismissal gets converted to a resignation, an apology is produced, and there is a confidential pay out.

Now it was never about the money, in fact I declared to myself that if I did get some more money I would donate a significant portion of it to a specific charitable cause Iíve been supporting for the past year. It was however all about clearing my name, which the mediation process will fulfill when I finally sign the settlement agreement.

Iím currently inclined to sign the settlement agreement and move on, this also means that the evidence I tabled that scored a direct hit will be swept under the carpet as required by the agreement. If I were more principled like as in my younger days, and had a little bit more legal nous, I would probably have taken delight in sinking an enemy ship. But in the grand scheme of things what they do doesnít change the price of milk and bread so they are probably not worth it.

During this silly episode of proving very little I found consolation in the following two points: 1) I represented myself while they used some hot-shot domain specific lawyer who mistakenly thought from my written submissions that I had some sort of legal representation. 2) No matter how you cover it or colour it, truth has its own way of coming to the fore.

Many thanks to those who offered their support. :ok:

8th Feb 2013, 08:31
It sounds trite, but sometimes you can win more by sucking it up and moving on.

Worrals in the wilds
8th Feb 2013, 11:09
Up to you.
As long as you are satisfied with the outcome, that's what matters. If they're not killing people and you're happy to move on then that may be the best way forward.

If you want to sink enemy ships then you need legal backup. Going to war costs money, time and often your reputation. It's not fun. I'd never blame anyone for walking away if the alternative is acceptable.

As you say, karma is karma. :) Good luck in your future endeavours.

Cyber Bob
8th Feb 2013, 11:28
Spot on WITW :D - Only if you can successfully move on and leave this baggage behind, can you then claim victory

8th Feb 2013, 13:11
The apology is produced, the payout is confidential.
Everyone in the known world realises this means the employer is badly at fault.
Unless you think they are about to kill your replacement and by fighting on you will stop this ( two very different things), I'd take the money and run.


8th Feb 2013, 13:20
Well done cattletruck. :D

Milo Minderbinder
8th Feb 2013, 16:01
If the "direct hit" relates to something illegal, then any agreement which binds you to not revealing the evidence becomes conspiracy to pervert justice.

8th Feb 2013, 16:03
I don't know your story Mr Truck, but simply resigning and taking the money might
protect your career prospects. Your potential future employers in the same industry
might look at you and say "Hey.....aren't you the bloke who had a long drawn out
battle with XXXX Ltd and screwed their business goodwill (or something) into the

Hirers tend to not like that..whether you were right or not. Principles unfortunately
don't put dinner on the table.

B Fraser
8th Feb 2013, 16:07
Insist that in addition to the settlement, they pay for the services of an outplacement agency until you secure a position that is equal to or greater than your current employment.

Oh, and don't accept their initial offer. it's always the minimum that they think you will accept. It may not be the money that matters to you but it sure as hell matters to them.

8th Feb 2013, 23:08
As usual the collective knowledge of JB ppruners astounds me. Thank you very much :)

Milo, you are one switched on dude. I always felt the settlement ageement needed further work before signing. :ok: