Employment Separation Agreements

Employment Separation AgreementsEmployment Separation AgreementsWhen employers decide to terminate a job, theyll want the employee to release the company from any binding claims. To do this, most companies use an employment separation agreement. Its a way of saying both parties have reached an amicable end to the working relationship. Employment separation agreements arent required by law companies use them to seal confidential company information or to protect themselves from lawsuits. After signing, an employee cant sue employers for wrongful termination orseverance pay. So the question is Should you sign an employment separation agreement? Terms of the Agreement The separation agreement lists the conditions both parties agree to and the legalities of binding the contract. The conditions will supersede other agreements, including your employment contract, so examine the terms carefully. Common conditions include Details of the SeparationThe agreement identifies both parties and states employment and termination date. It may give a specific reason for leaving- layoff, resignation, termination- or simply state the employee is leaving the company.A Severance PackageThis is nach wunsch and may or may not include a monetary payout.U.S. lawonly requires that employees receive wages due to the final working day and accrued vacation. Even thebiggest companieslay off staff without severance pay. Refer to your employment contract for terms governing severance packages. Remember, the company wants you to sign the agreement, so you have no future claims. Consider if the severance package on offer is worth that release. Check the employee handbook for rules and procedures covering terminations. In particular, look for company policy on different reasons for termination. If its the result of company downsizing, for instance, you could be entitled to a severance plan or additional payouts. Severance may take the form of benefits in lieu of cash. Amount and Method of Del ivery If the company offers wages and other payouts, the agreement must spell out the exact amount and nature of the compensation. The payout could be a lump sum or a structured plan. In all cases, it should stipulate the date and delivery method. When companies pay severance over a fixed period, the agreement must define the duration and payment structure.Tax and Insurance The agreement must outline tax deductions andpayment policy. In certain cases, a company will continue paying into the employees health insurance plan. It could be the case if youre in a group health insurance program, for example. Non-Compete Provisions A non-compete clause restricts you from undertaking a job in your field for a set time or in a specified drehort or both. It is another mechanism companies use to protect their interests. In other words, it prevents you from working for the competition. Make sure you understand the conditions and their implications before you sign. A non-compete clause can dictat e the direction of future job prospects.Confidentiality/Non-Disclosure Employers may require that the separation agreement conditions and details remain confidential. A non-disclosure or confidentiality agreement should specify what remains private- trade secrets, company finances, customer lists, and so on. It must also list exceptions to the non-disclosure clause (lawyers, spouses, etc.). Non-Disparagement The company will outline what you can or cannot say about the company, its employment practices, and reasons for the termination.Other Clauses References, post-employment cooperation, the return of company property, and re-hiring policy may appear. Signing an Employment Separation Agreement Analyze the terms of a separation agreement and research labor lawsin your state. The company will prepare an agreement to cover its interests first. Ensure that you are signing something that protects your rights as well. Consider The claims you will be giving up once you sign the agreem entThe reasons for termination. Wrongful termination, due to discrimination, for example, may warrant alternative action.Your age. If youre older than 40, you have 21 days to think about the severance offer before it expires. You have an additional 7 days after signing to revoke the agreement.Is the agreement is a general release? Does it cover all present and future actions, such as class action lawsuits, or is it limited to employment up to your termination? A good employment separation agreement protects both parties interests. Some employers draw up overly complicated agreements to confuse or intimidate employees. If you dont understand the terms, seek advice from a lawyer before signing and giving up any rights.