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Is a written settlement agreement to a discrimination law suit a "contract"? Is it still governing by Employment law e.g. ERISA?

Palo Alto, CA |

In the agreement: 1. Employer to provide lifetime medical benefits to employee
2. prevailing party in dispute over bleach of contract to be rewarded attorney and court fees

3. Is the US Labor Code or CA FEHA still have influence over the agreement or just a simple contract now? 4. Agreement was signed ten years ago. 5. ex employee just request for his medical benefits last month and got denied and later gave no reply to a demand letter sent. 6. Is this considered as a first act of "bleach of contract" now and has a statue expiration time of 4 years?

Attorney Answers 1

Posted

The settlement agreement is effective as a contract; in most cases, the rights and remedies for an alleged breach are specified in the agreement itself. The statute of limitations for a breach begins running at the time the breach occurs. If you would like to consult with me further, please feel free to contact me.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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