These comments were made as part of an appeal against an employment tribunal`s decision to pay for a complainant who had refused an offer of settlement from the employer after the employee was successful in determining liability in her application. On the other hand, the worker may argue that a higher amount of the legal fee – or even a full refund of the royalties – should be agreed on the basis that the worker needs more full consultation on the detailed drafting and sale conditions of the transaction contract and should not be taken out of his own pocket in a situation that the worker might not make of his decision. This means that as an employee, you get free, independent and impartial legal advice that won`t cost you a penny. We send our bill directly to the employer. The best non-financial term to include in a transaction agreement is probably an agreed reference: see our article on obtaining employer referrals in transaction agreements. If you have information about practices within the company such as fraud or misconduct, they will often want to pay you a lump sum in exchange for signing a confidentiality clause in a settlement agreement – the so-called “gag clause.” After receiving the signed contracts, we complete the advice certificate and send the two contracts with our invoice to your employer/former employer, who then resigns us to a copy of the fully executed contract and returns them to us. Upon receipt, we will take a copy and send you the original for preservation. The university offered the complainant $US 50,000 through a transaction contract. In addition, as indicated in the transaction agreement, the university proposed to pay a contribution of up to USD 500, plus VAT, to the legal fees that the applicant would have had to bear as a result of the deliberations on the transaction contract. The university made it clear that its contribution was conditional on the signing of the transaction agreement. The lack of legal advice can lead to the development of an agreement that puts you at a disadvantage. Independent legal advisors will review all of your circumstances to ensure that any proposed agreement is fair to you. One of the first things you should do if you receive an offer for a transaction contract is to pick up the phone and talk to a lawyer.
Advice on a transaction contract is always offered by a qualified labour lawyer. All of our lawyers have a wealth of experience in providing quick and clear advice to employees in their transaction agreements. You would tend to get more in your settlement contract, where you worked for your employer for a long time, because you probably forged more loyalty there. Your knowledge of the business could also be greater, so things like transfers are more valuable.