Clean line in the Severance Agreement

Aug 6th, 2022
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How to clean line in the Severance Agreement

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- This video is all about severance. In this video, Im gonna explain how to increase your leverage so that you can negotiate for more money. At the end of the video, Ill give you six bargaining chips that are absolute gold. (upbeat music) First, lets cover some basics. What in the heck is a severance agreement? Its very simple. Its a contract, a contract in which you are giving up your right to sue the company in exchange for money. Thats it. The whole point of severance agreements from the employers perspective is to buy peace of mind, buy certainty. When they slide that check across the table and you sign that severance agreement, you cannot sue them, for the most part, unless its a terribly written severance agreement, which is extremely rare. These are very standardized and very formulaic and very enforceable, for the most part. So once you sign that severance deal, youre pretty much out of luck for ever pursuing legal action against that company for what happened in the p

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Your severance agreement may interfere with your future employment if it includes a non-compete provision, non-solicitation clause, clawback provision, cooperation requirement, or other terms.
Rule of 70 means when an Employees years of service with the Company or its Affiliates or predecessors (must be at least 10 years, based on 120 months of continuous employment, not calendar years) plus his or her age (must be at least 55 years old) on the date of termination of service equals or exceeds 70.
Fraud, misrepresentation, duress, or unconscionability are common defenses you can use if you want to void a severance agreement that you already signed.
A standard amount of severance is anywhere from 30 days to 6 months of salary. It mostly depends on your seniority and tenure at the company. Paying out cash is one of the hardest for a company to do. It may be easier to negotiate other benefits rather than money.
The severance pay offered is typically one to two weeks for every year worked, but it can be more. If the job loss will create an economic hardship, discuss this with your (former) employer. The general practice is to try to get four weeks of severance pay for each year worked.
Executive Severance Packages If not a lump-sum payment, the agreement may pay an executives salary for anywhere from a couple of months to a year or more. However, the executive severance agreement does not have to be limited to be six months or one years base salary.
Severance pay is usually based on the number of years youve worked at your employer. Generally, youll get one week to four weeks of pay per year of service, but it is common for employers to pay out two weeks of pay for each year at the company. Of course, every company differs in calculating total severance pay.
In addition, any employer is not permitted and does not have the authority to include anything in a severance agreement that prevents an employee from discussing or disclosing fact-based information regarding cases or claims of retaliation, harassment, bias, and retaliation.

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