Canoga Park, CA asked in Employment Discrimination and Entertainment / Sports for California

Q: If I signed a settlement agreement related to an entertainer I worked for, can I sue if the settlement was unfair?

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: No one can really answer this question without learning far more about the situation. Only some general information can be provided here.

If you signed the settlement agreement it will take a very large burden for you to overcome to now try to undo that agreement. There are legal theories that can be employed to undo a signed agreement, but they are very difficult to prove, and they must be proved in court, probably through a new legal action. That is because the law does not want people to be able to have second thoughts after the fact to get out of agreements they sign.

The fact that the agreement is unfair will never be a sole reason a court would let you out of such an agreement. You would need to establish some significant failure in the agreement-forming process before a court would give you the right to avoid a prior agreement. Fraud, or mutual mistake, or substantive and procedural unconscionability for instance would have to be proved in a court of law before a court would relieve you of a contract that you signed. If you were represented by counsel at the time of the settlement it will be even harder to establish one of these theories.

If you are serious about proceeding along this path, it would be wise to bring the agreement to an attorney who understands contract issues and seek out a consultation. I would not get your hopes up. It is very difficult to do what you wish.

Good luck to you.

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