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Employment Separation Agreement Negotiation

However, severance pay is a critical element of the separation agreement. Massachusetts contract law requires that an agreement have a “consideration” or exchange of value to be enforceable. Without consideration, the contract is not a valid contract. Without severance pay, regardless of size and even if the benefits are not a cash payment, the separation contract is not applicable. If you get to severance negotiations with guns – that is, angry, disrespectful, swearing – you can adopt your position of weakness and make it worse. It is therefore important that you remember that the way you act in these severance interviews could affect your future employment prospects. What do you mean? Your quasi-ex-employer would be well within his right to pass on such a fault to your future employers. The letter of offer or the employment contract signed by the worker generally determines the nature of the dispute resolution. When negotiating a compensation agreement, it is usually in the employee`s best interest to settle disputes, not dispute them. Here is an example of a form of worker-friendly arbitration: remember, the key is that both parties feel they are getting something out of this negotiation. If you go to a redundancy negotiation that expects perfection, you will almost certainly be disappointed. But if you think you`re wrongly fired – if you remember there`s no law against nastiness and evil, and yes, you can be fired just because your boss doesn`t like you — call a lawyer. If you would like to consult some of the laws that justify grounds for unlawful dismissal, start with the Equal Opportunity Commission in the www.eeoc.gov.

Most employers will propose a severance agreement described the minimum financial conditions that the employer is willing to grant in the event of the employee`s separation from the company. However, most employees do not know that they actually have options, except only accept the first offer. A company may be required to pay severance pay under the employee`s employment contract, the WARN act or its state equivalent or company policy. Although the company is not required to pay severance pay, it will often offer severance pay in exchange for various agreements of the dismissed employee, including the release of any claims against the company (see below).