QUESTION
What are my options if I sign or not sign a separation agreement?
Asked on Apr 03rd, 2014 on Labor and Employment - Idaho
More details to this question:
I have a Separation Agreement that will go in effect in 2 weeks. If I do not sign the agreement as it stands, I will forfeit my severance. However, there is a clause that states. "You hereby agree that you will not seek re-employment with the Company or with any of the entities described as Releases, above. You also agree that your employment relationship with the Company has been severed and that you forever waive any right to reinstatement, recall, or future employment. My issue is that my severing is a result of a restructuring and not performance related. I am encouraged to apply internally for other positions within the 2 week period and can remain an employee if I secure another position. If this is the case, is it unreasonable for me to sign this and take myself out of the realm of rehire for future positions? I believe it is. What are my options? Have it stricken?
5 ANSWERS
You may negotiate a change to the agreement, but the company does not have to agree.
Answered on Apr 07th, 2014 at 10:46 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You can certainly requested to be stricken, and under the circumstances I believe should.
Answered on Apr 04th, 2014 at 6:35 AM
Generally, these types of agreements can be negotiated. Negotiate to have that provision removed. Explain why you would like it removed. If the persons internally speaking with you about re-hire would like to present a statement to that fact, it could help.
Answered on Apr 04th, 2014 at 6:35 AM
You can ask to have the no rehire provision stricken from the severance agreement but the employer is unlikely to do it. So, you should wait until the last day that you can sign and deliver the severance agreement to accept it and determine if you find other work with the employer so that you would not sign the severance agreement. If you want to keep open your option to get employment with the employer in the future, you probably should not sign the severance agreement. It likely is best if you contact an attorney to review your overall situation to determine what to do.
Answered on Apr 04th, 2014 at 6:35 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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They won't strike it. But if they hire you later, that is not your problem, it is theirs.
Answered on Apr 04th, 2014 at 6:34 AM