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  1. #1
    Join Date
    Feb 2008
    Posts
    5

    Default Sued Employer And Won But They Didn't Pay Up

    I recently sued my former employer in small claims court for unpaid commissions and the penalty on withdrawing my 401k early. We settled in mediation for $6k (the original amount was $14k) and they had 7 days to pay me. It's been 10 days and no sight of the money. In the agreement we signed, I agreed not to sue the company or any of their employees for slander (I was told I had a pretty good case). Since they didn't pay me within the time frame we agreed on, is that agreement void? If so, I plan to hire an attorney and sue them for slander! (located in GA) I regret now that we settled and wish I had taken them to court and let the judge decide on the amount or sued them for slander.

    Thanks!

    Sundazing

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Sued Employer And Won But They Didn't Pay Up!

    since they breached the contract (did not pay as agreed within the time frame they agreed to) the contract is voidable at your discretion.

    at this point, barring anything within the contract to the contrary, you can do as you wish whether it be allow an extension or void the contract and sue or whatever.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Sued Employer And Won But They Didn't Pay Up!

    I would run your situation by an attorney which you indicate you plan to do. I agree that they breached the contract.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Sued Employer And Won But They Didn't Pay Up!

    I would not count on a court declaring that payment a few days late voids the judgment; it will likely depend upon the terms of the judgment and the attitude of the court. As Betty3 indicates, it's a good idea to talk to a local lawyer.

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