Fix number in the Severance Agreement

Aug 6th, 2022
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How to fix number in the Severance Agreement

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Terminating a contract. Eek! What are you gonna do? All right well, stick around and Ill tell ya. Hello Simon here from The Contract Company. -Contracts its what we do, all day every day, and sometimes overnight, Lucky us! And thats true. Contracts are interesting. Right, you wanna terminate a contract right. Now, the reason I said Eek is because it is one of the areas of law where you really are exposed if you get it wrong. So lets just step back. How do you terminate a contract? The key thing in terminating the contract is to look at the actual contract and examine the termination clause. Now most of those sorts of clauses, because weve seen hundreds, most of those clauses will set out a process of things you have to do. Usually you have to provide notice, one in writing and of a certain time period, 30, 60, 90 days of notice. The fourth thing you have to do often is send that notice to a key person thats specified in the contract. So it might say that if you want to issue a

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Heres how to ask for a better severance package and get ready for negotiation: Pause before signing anything. Read the agreement carefully. Consult an expert. Assess your priorities. Consider the big picture. Determine whats reasonable. Build on your success. Establish your limits.
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.
Just as your employer typically does not have to offer you any severance, your employer can withdraw an offer if you do not accept it before it is withdrawn.
A non-union employer, faced with a plant closing, may be even more abrupt. Such an employer, under no obligation to bargain with its workers about employment terms, may simply choose to take a unilateral action to alter or eliminate a severance pay plan or practice.
While it is unusual for an employer to withdraw a severance offer, it is important to understand that the offer may be rescinded, even if it is covered by the OWBPA. Employers need to be cognizant of their rights in the event of bad behavior by the employee before the agreement is signed.
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.
Fraud, misrepresentation, duress, or unconscionability are common defenses you can use if you want to void a severance agreement that you already signed.
In general, severance agreements are legally valid and will be upheld by courts, as long as the agreement was entered into voluntarily and the terms are legal. ⁠4 This is true even if it seems that the employer is getting the better deal.

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