Q: Once a settlement is reached in a NYSDHR case, how much time will the paying party have to make the payment?

Can the case be reopened and taken to trial if the paying party fails to make a payment or send over and documents regarding the settlement? It has been 6 months since company settled during NYSDHR pre trial settlement. Still have yet to receive any stipulations, statements, notifications on anything. Is there a statue of limitation on these type of things? If so are there steps to be taken to get the case reopened and taken to trial?

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Consumer Law Lawyer
  • Sacramento, CA

A: When a settlement is reached in a New York State Division of Human Rights (NYSDHR) case, the timeline for the payment by the paying party is usually outlined in the settlement agreement itself. This timeline can vary depending on the specifics of the agreement. If there's no specific timeline mentioned, generally, a reasonable time is implied, which can be subject to interpretation.

If the paying party fails to make the payment within the agreed timeframe, or if there are issues with the delivery of necessary documents, the settlement agreement may be considered breached. In such cases, it is possible to take legal action to enforce the agreement. This could involve going back to the NYSDHR or taking the matter to court.

Regarding reopening the case and taking it to trial, this depends on the terms of the settlement agreement and whether it included a clause that allows for the case to be reopened under certain conditions, such as non-payment.

The statute of limitations for enforcing a settlement agreement typically falls under contract law, as the settlement agreement is a contract. In New York, the statute of limitations for breach of contract actions is generally six years. However, this can vary based on the specific circumstances of the agreement.

If you find yourself in a situation where the settlement agreement is not being honored, it's advisable to consult with an attorney who specializes in employment law or civil rights law. They can provide guidance on the best course of action, whether it's enforcing the settlement agreement or potentially reopening the case. An attorney can also help you understand the relevant statutes of limitations and any steps you need to take to protect your rights.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.