Signing A Severance Agreement
For example, the Eighth Court of Appeals (which includes Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota) recently rescinded a waiver agreement because it was confusing for its employee. As the court said, the OWBPA requires that an authorization be drafted in a clear and unequivocal manner – not legally! In this case, the employee tried to get clarification from the employer`s company lawyer on two seemingly contradictory provisions – the release and the federal state not to sue. However, the lawyer was “not comfortable” and provided clarity. Thus, the court quashed the publication and stated: “[i]t seems to be axiomatic that an agreement is not written in a way that is calculated.” In light of this decision, employers should carefully consider whether their severance and release agreements should continue to include the Confederation known for not taking legal action. Protect your rights. Do you know what you sign before you take out a severance package! If you have any questions about severance agreements, please contact the labour law officer, John C. Holden, of the law firm Holden. Call 952-836-2640 or email John@holdenlawfirm.com. Nolo press has been a good adviser to unrepresented parties since I started law school. Here is a brief article from Nolo Press on the wisdom of signing severance contracts with links to labour law professionals near you. Here`s another good article on the aol Jobs website that covers additional concerns that you should address with your employer. And here`s a real FAQ on severance agreements on the site law.com.
2. Make sure you receive all payments and other benefits due to you. If you have not received your last pay cheque, vacation pay or severance pay (if the employer has a compensation policy), you are entitled to your final compensation. Contact your Ministry of Labour`s Wage Claims Department to file a complaint: www.dol.gov/ebsa Conventional Wisdom suggests that the employer, if proposed severance pay, should receive a promise not to sue in return. (The benefits of an unlocking agreement could include other commitments, such as . B an agreement on future cooperation or lack of competition or competition from customers and staff.) If an employer does not receive this promise not to sue and is prosecuted, it tends to regret the decision to effectively fund the former employee`s action with the severance pay that was provided “freely and clearly”. This is a big mistake that many employees make.