Legal Question in Civil Litigation in California
I had an agreement to be paid over 1.5mil in software royalties that no part of was ever paid. When the company fired me I demanded payment and agreed to settle if they would spin off a new company with their new product I developed and hire me there, provide me stock in it, fund the startup, and give me a solid employment agreement to insure it was not lip service. I signed a term sheet that said all this would happen and the employment agreement would be negotiated in good faith. 6 months later after i had signed the release, the presented an "as Is" employment agreement which i refused to sign and are now considering cutting pay, or shutting down the company. I maintain the whole thing was a way to get me to sign the release. Do I have an argument that becuase the employment agreement was not negotiated at all, the orriginal terms were not met so the the release is not binding and I can go back to sueing them for the 1 to 2 mil?
3 Answers from Attorneys
It sounds like you didn't have a lawyer when you negotiated this settlement. With so much at stake, that was very unwise. I'll bet the other side had one (or more).
Whether you can still sue, and for what, will depend upon what the settlement agreement said, as well as the basis of your claim that the company did not honor that agreement. Since you haven't provided that information, I can't assess your chances.
Feel free to contact me directly if you want to discuss your case in more detail.
It sounds like the company has been trying to take advantage of you and succeeding. I would have to review the documentation before giving any sort of opinion on the matter.
I would be willing to look at the documentation and discuss it with you.
Sincerely,
Caleb Donner
email: [email protected]
If you have a provable agreement that they have breached, you have the right to file a lawsuit to enforce it. If the case has merit [reasonable likelihood of winning], value [substantial recoverable financial damages], and collectability [defendant with assets or insurance coverage], then feel free to contact me.
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