All You Need to Know – Zippia

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When a company decides to terminate a position, they may require the employee to sign a separation agreement. This document covers layoffs in a way that can hopefully be a win-win for both the employer and the employee. Think of it as a way to communicate that both sides see the dismissal as fair.

Severance agreements may also be called “severance agreements,” “release of employment grievances,” and “severance agreements.” By any name, this document is not mandated by law, but the company will use it if it wants to protect company secrets or protect itself from possible legal problems.

Essentials:

  • A separation agreement is a legal document that establishes the relationship between the company and the employee who has been dismissed.

  • A separation agreement usually covers:

  • Before you sign any separation agreement, make sure you fully understand what rights you are giving up and what the agreement covers.

Employment Separation Agreements

What is a Separation Agreement?

A separation agreement is a legal document that establishes the relationship between the company and the employee who has been dismissed.

  • After all parties have signed, the terminated employee waives his right to take legal action against the company in the future (for example, to file a lawsuit for wrongful termination or dismissal). This agreement will supersede any other agreements between the parties.

  • Most jobs in the US are “at-will,” meaning that the employer can remove any job at any time without reason. Of course, discriminatory reasons for firing an employee, based on race, sex, age, ethnicity, disability, pregnancy, religion, etc., may be against the law, and cannot be used as a reason to fire an employee.

  • Finally, Separation agreements exist to protect companies from lawsuits by former employees, so you may wonder what they contain for employees. Usually, in exchange for “waiving their claims” (eg, giving up your right to delay in the future), employees receive compensation, such as benefits or money.

What Does a Separation Agreement Mean?

Employment separation agreements can be very different in terms of content. That being said, some of the things that are often offered include:

  1. Details of separation. The severance agreement must include some important information, such as the identification of both parties (the company and the dismissed employee), the end date of employment, and possibly the reason (dismissal, dismissal, resignation, etc.).

  2. Removal of complaints. Any severance agreement will also include language that states that the employee waives any claims he or she may bring against the former employer. Basically, this means that a dismissed employee can no longer sue his former company.

    This may include the dismissed employee waiving his or her right to seek wrongful termination or compensation from the company. Read the language of your contract carefully, because the specific cases in which the dismissed employee is denied filing depend on the wording of the document.

  3. To quit. This is the carrot that a company uses to convince a prospective employee to sign a contract. A compensation package may include benefits, possibly other benefits, long-term health insurance, or stock options.

    Note that dismissal is optional and the law only requires the employee to pay wages for the last day of work and the remaining vacation time.

    Before negotiating, study your company’s severance policy to make sure you’re getting everything you’re entitled to. Again, the separation agreement governs all other agreements signed by the company, including the employment agreement.

    The contract must specify the amount of compensation the employee will receive, the type of payment, the method of payment, and the exact time the employee will receive the benefit.

  4. All the money. Unlike a severance package, a company can offer money to employees to sign a contract. This rarely happens.

  5. Non-compete clause. If you have already signed a non-compete agreement at the beginning or during your employment, this may not appear here because it may not be necessary. A non-compete clause states that you may not enter into a position that puts you in direct competition with your employer.

  6. Secret passage. Depending on the nature of your employment, a confidentiality clause may appear in your separation agreement. This prevents the employee from sharing company secrets with outsiders, protecting the company’s intellectual property.

  7. Non-disclosure agreement. Similar to the confidentiality clause, but related to the separation agreement itself. You are not allowed to share your contract information with anyone else.

  8. A non-derogatory judgment. A separation agreement may include language prohibiting the employee from publicly disparaging his former company.

  9. Age discrimination. If an employee is over 40, they are protected by the Older Workers Benefit Protection Act (OWBPA) which is part of the Age Discrimination in Employment Act (ADEA).

Why Use a Separation Agreement?

Severance agreements exist mainly to protect the interests of the company.

  • An employee is not forced to sign a contract therefore he has the power to ensure that his rights are protected. Make sure you understand exactly what rights you are giving up and that these waivers are a requirement of whatever the contract provides.

    For example, if you feel that you were terminated unfairly, due to discrimination, you should consider looking for another way to ensure that your rights are protected and avoid signing the contract.

  • You should also think carefully about what the contract entails. Pay attention to the time period specified in the contract and understand the time period (ie, until the date you can be fired or class action down the road).

  • It is important that you do not feel pressured to sign a very complicated document that you do not understand the meaning of. If the jargon is too much to wrap your head around (by design), seek advice. You do not have to give up your rights if you are confused about what you are giving up. Make sure your interests are protected, not your old company’s.

As stated above, dismissal for discrimination of any kind is a cause of action for wrongful termination. This includes workers over the age of 40, who are protected by a Older Workers Benefit Protection Act (OWBPA)part of the Age Discrimination in Employment Act (ADEA).

The OWBPA protects workers over the age of 40 from age discrimination and sets strict rules that employers must follow when dismissing older workers. note that everything severance agreements for more than 40 employees they should especially in ADEA. If the employer fails to cite the ADEA, the employee may have reasonable grounds.

In addition, special rules apply to workers over the age of 40. Such workers have 21 days to consider termination of employment. After signing, the 40-year-old employee also has 7 days to terminate the contract.

Questions to Ask About Your Separation Agreement

At the end of the day, a good separation agreement exists to protect the interests of the company and yours. Beware of employers who write separation agreements that are too complex and complicated, as this may be a way to scare you into signing something you don’t understand. If your company is trying to pull this off, get legal advice before signing anything.

Some things to consider are:

  • What are you going to say? Make sure you fully understand the non-disclosure, non-disclosure, disparagement, or any other restrictive clauses in your contract. If you don’t, ask questions of the HR team and anyone else who represents your company. If their answers don’t make sense or make you feel uncomfortable, ask a lawyer.

  • Is the reason for your dismissal clearly explained? If you feel you are being unfairly terminated due to discrimination, sign a separation agreement. The language of the contract should make it clear why you are being restricted and you should be open to agreeing to those terms before signing.

  • How long does your separation agreement last? If the language of the contract will prevent you from doing other things in the future, know that it is more difficult than a contract that only covers a short period of your working time.

  • How are my rights protected by this agreement? A contract should help both parties – if you feel like you’re getting the wrong end of the contract, don’t sign the contract until you’ve renegotiated the terms of the contract or spoken to an employment lawyer.

Don’t miss an opportunity that is right for you.