When employers offer workers severance pay agreements to “buy peace,” employers should be wary of common pitfalls. As more and more employers prepare their own unlocking agreements on the basis of a previous model, we have seen that some problems are “bottom-up” by employers. But before the six pitfalls are discussed, then the rhetorical question. Practical advice: speak to experienced professional and professional advisors to tailor the agreement to the circumstances and confirm the extent of legal rights that may be released based on the facts and circumstances of each former employee`s departure. But if you think you are the victim of your employer`s illegal behaviour, or if your severance package contains a considerable amount of severance pay and benefits, it`s probably worth checking your agreement with a lawyer. Otherwise, you can waive adequate compensation or waive important legal rights without knowing it. But the harsh reality is that most severance agreements are more advantageous to the employer. Therefore, before signing a severance agreement, you should be aware of the following frequent mistakes that make outgoing employees. This is a big mistake that many employees make. We are not saying that an employee automatically hires a lawyer to read and explain a termination agreement.
If an employee does not feel that he or she has been the victim of illegal employer behaviour or if the terms of the severance pay are relatively reduced, the comparative costs of hiring a lawyer may not be worth it. A starting offer is a contract usually developed by the employer`s lawyers or the staff team to reduce its financial and legal risk. Some employers offer severance pay, but do not use unlocking and unlocking agreements. At some level, it is an entrepreneurial choice, depending on the culture of employment. However, offering severance pay without authorization may not always be a proven method. Rights under the Employment Age Discrimination Act (“ADEA”) may be waived in a release agreement, but the release agreement must meet all requirements of the Seniors Protection Act (“OWBPA”). Unfortunately, OWBPA violations remain some of the most common errors made by employers in the development of severance agreements. First, a lawyer can tell you what is in the agreement. Employers often design agreements to be as complicated as possible. You hope that you sign without understanding what you have agreed. If you don`t know what you agree with, you can`t make an informed decision.
A lawyer can help you understand exactly what`s in it. Once you fully understand what is written in the agreement, you can make the decision that is best for you and your family. Dismissed employees often have questions about signing a severance contract. In practical terms, they want to know if they need to sign a severance contract offered to them by their former employer.