If you`re considering making a whistleblowing claim against your employer, you may be wondering if you can do so through a settlement agreement. The answer is yes, but there are some important things to consider.
First, it`s important to understand what a settlement agreement is. A settlement agreement is a legally binding agreement made between an employer and an employee, usually made when the employee is leaving the company. In exchange for a financial settlement, the employee agrees to waive their right to take legal action against the employer.
If you believe that you have been the victim of whistleblowing retaliation, you may be able to make a whistleblowing claim through a settlement agreement. However, it`s important to note that there are some potential pitfalls.
One potential issue is that settling a claim through a settlement agreement may prevent you from speaking out about the same issue in the future. This is because settlement agreements typically include a clause that prohibits the employee from making any further claims related to the issue.
Another potential issue is that the financial settlement offered through a settlement agreement may be less than what you could receive through a traditional whistleblowing claim. This is because settlement agreements are often used as a way for employers to avoid the negative publicity and legal costs associated with a legal dispute.
If you`re considering making a whistleblowing claim through a settlement agreement, it`s important to speak with an experienced employment attorney. They can help you evaluate your options and determine the best course of action for your situation.
Ultimately, whether or not you should make a whistleblowing claim through a settlement agreement depends on the specific circumstances of your case. While settlement agreements can be a useful tool for resolving disputes, it`s important to carefully consider the potential risks and benefits before making a decision.