Employee Rights
Employee Separation Agreement
Florida
Employee separation agreement and non-disparagement clauses?
I recently left my job after working there for five years. My employer asked me to sign a separation agreement that included a non-disparagement clause. I am concerned about the implications of signing such a clause and want to understand my rights and obligations under the agreement.
Answers from 1 Lawyer
Answer
Employee Rights
Florida
Daniel D.
ContractsCounsel verified
It is hard to say what your rights and obligations are under that separation agreement without seeing it as all agreements and the obligations contained within them are different and could impact you in various ways.
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Employee separation agreement and COBRA benefits?
I recently left my job and I was given a severance package that included a Employee Separation Agreement. I am trying to understand what my rights are in regards to continuing my health insurance coverage under COBRA. I am trying to determine if my former employer will pay for any of my COBRA premiums and if I am eligible for any additional benefits under the Employee Separation Agreement.
Mark D.
The opportunity to continue benefits after the termination of an employment relationship is required under COBRA if your employer has 20 or more employees. COBRA further requires that notice must be sent to former qualified employees with instructions on how the former employee can elect to participate in such benefits, the deadlines for making such an election, and the cost of making the election to continue benefits. Unless the separation agreement provides specifically for the payment of the COBRA premium, the cost of continuing benefits is going to be the sole responsibility of the former employee and those premiums must be made in the time periods specified.
Read 1 attorney answer>Employee Rights
Employee Separation Agreement
Texas
Employee separation agreement non-compete clauses?
I recently left my job, and my former employer presented me with an Employee Separation Agreement, which includes a non-compete clause. I am concerned about the implications of signing such an agreement and would like to know what my rights are in regards to this clause. I am worried that signing this agreement could limit my future job prospects.
Brit B.
Depending on the scope of the non-compete clause, it could substantially limit your future job prospects. Is the non-compete limited: in time? In industry? In geographical area? To certain competitors? You can certainly negotiate the scope of the clause with your former employer so that your ability to find a similar job is not too restricted. If your employer insists upon a non-compete that is too strict, you should consider whether the severance amount being offered is worth the loss of freedom for your future job hunt.
Read 1 attorney answer>Contracts
Employee Separation Agreement
Florida
Employee separation agreement and unemployment benefits?
I recently resigned from my job and my employer is asking me to sign a separation agreement. I am concerned that if I sign this agreement, I may not be able to collect unemployment benefits. I need to know if signing this agreement will affect my ability to receive unemployment benefits.
Diane D.
The only way to answer your question is to have an attorney review the agreement. Not sure why it would stop you from collecting unemployment benefits, but, again, without seeing the agreement, there is no way to answer this question.
Read 1 attorney answer>Employment
Employee Separation Agreement
Florida
How to track employee separation agreements?
I am an HR Manager at a company that is in the process of restructuring and downsizing its workforce. As part of this process, we need to ensure that all employees are given a fair and equitable separation package. I am looking for assistance in understanding how I can track and manage employee separation agreements, in order to ensure accuracy and compliance with applicable laws.
Diane D.
I would look into a good HR software package.
Read 1 attorney answer>Employment
Employee Separation Agreement
Texas
When to use an employee separation agreement?
I am an employer considering letting an employee go and am looking to understand when an employee separation agreement is necessary. I am unsure of the distinction between an employee separation agreement and other termination documents and want to ensure that I am following the proper protocol and protecting my business in the event of legal action.
Wendy C.
Separation agreement is usually helpful when separating with an employee amicably and includes other terms that you want to ask of the other party and which you will also make promises. In other words, it is a two-way (or mutual) agreement. A termination letter is most likely a one-way communication, a notice that such employee is being terminated. You should talk to your preferred counsel to discuss facts in detail and make a determination which one will be the right approach.
Read 1 attorney answer>
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