Recent Answers to Employee Separation Agreement Law Questions
Can an employee be forced to sign a separation agreement that includes non-compete clauses?
Employment
Employee Separation Agreement
California
I recently received a separation agreement from my employer, which includes non-compete clauses that restrict me from working in the same industry for a certain period of time. I am concerned about the potential impact on my career prospects and wonder if I can be legally compelled to sign such an agreement.
Jeff G.
Forced? No. Can they condition signature to receiving some form of severance? Yes. Can they condition it to receive a final paycheck of money earned? No. Can they include a non-compete in a separation agreement? Yes… but California has VERY employee-friendly laws related to non-competes. The specifics of the presented language in the agreement will matter and should be reviewed by competent counsel in your jurisdiction.
Employee separation agreement non-compete clauses?
Employee Rights
Employee Separation Agreement
Texas
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.
Employee separation agreement and COBRA benefits?
Employee Rights
Employee Separation Agreement
Texas
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.
Employee separation agreement and outplacement services?
Employment
Employee Separation Agreement
New York
I recently resigned from my job and my employer has presented me with an Employee Separation Agreement. I understand that I am entitled to outplacement services, but I am unclear if this is something that is included in the agreement or if I need to negotiate for it. I am concerned about my future career prospects and would like to ensure I receive the services I am entitled to.
Gregory F.
I strongly recommend that you have an attorney experienced in severance negotiations review the agreement and advise you. I am licensed in NY and would be happy to do so. Feel free to reach out to me directly at 770-807-0083.
Employee separation agreement and unemployment benefits?
Contracts
Employee Separation Agreement
Florida
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.
How to track employee separation agreements?
Employment
Employee Separation Agreement
Florida
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.
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