Can we still sue if we signed a contract agreeing not to sue?

UPDATED: Oct 2, 2022

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Can we still sue if we signed a contract agreeing not to sue?

My husband worked for someone in CA just over a year ago. They signed a contract to pay him hourly and to give him a retainer of $2500 prior to him flying out there. They didn’t actually pay him the retainer until he was physically there and after about a week of him working. After he completed the job and came back home, he invoiced the client monthly but they never responded until a few months later when he started the process for small claims court to retrieve the balance owed. He sent them notifications that if they did not pay by a specified time, he would sue. The day before he was going to submit the application, they said they would pay him if he signed a

Asked on August 18, 2019 under Employment Labor Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can sue them because a contract is terminated by the other party's material, or significant, breach or violation of it: in short, a person cannot hold another to contract which he has already violated. The person your husband worked for failed to pay your husband, which they had agreed to do so in exchange for his promise to not sue; having violated the agreement by failing to pay, they cannot now hold him to his promise to not sue.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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