Our experience in defending hundreds of rights of laid-off workers tells us that what is said at the time of dismissal and how the redundancy process is managed by the employer often determines whether an employee is asserting a legal right thereafter. When a worker asserts a right, conflicting statements, insensitive behaviour or other errors made by an employer at the time of dismissal almost always have a negative effect on the employer`s defence of the right and increase its exposure to damages. We believe that the steps described above will help employers manage employee layoffs more effectively and avoid the mistakes that so often lead to employee demands. Our experienced labour law specialists at Rodman Employment Law are here to help you meet the challenges of severance negotiations and the identification agreement that results from these discussions. We can discuss your rights and obligations after reviewing your situation in a free consultation, but some general information may also be helpful. A severance agreement is a complex document with several provisions that can have a profound impact on an employee`s future. A redundancy agreement can impose many restrictions on an employee that may include an agreement not to recruit clients, an agreement to keep certain information confidential and/or an agreement not to make derogatory comments about the employer. Workers should discuss the provisions of a redundancy agreement with an employment law professional before signing them. If you have any questions, please contact Boston, Massachusetts Employment Lawyer, Maura Greene, Law Office of Maura Greene, LLC, Six Beacon St., Suite 205, Boston, MA 02108, at 617-936-1580.
Typically negotiated provisions include the consideration of the agreement, severance pay, maintenance of health care, outplacement benefits, confidentiality of the agreement, references, an agreement that cannot challenge unemployment benefits and disparagement clauses. Severance agreements often contain enforcement provisions for breaches of the terms of the agreement, such as confidentiality.B. These rules of application are often the subject of negotiations. A severance contract is a contract. A worker renounces his rights in exchange for legal considerations that go beyond what he was allowed to obtain as a worker (usually severance pay and other incentives) to sign the contract. There is a frequent misunderstanding of workers as to whether they are entitled to severance pay. Workers who have left their jobs are legally entitled to unpaid wages and paid leave but not paid, but they are not entitled to severance pay. As a general rule, employers award severance pay to an employee in order to obtain an employee`s waiver of his or her rights. This dynamic shows how important these agreements can be to a company. An enforceable separation agreement can not only deter an employee from filing a lawsuit against the company, but also contractually require a former employee to disclose sensitive information to commercial competitors. Are you busy in Massachusetts and have any questions about severance pay or separation agreement? Contact Steffan Legalization today to speak to a lawyer.
Barbuto v. Advantage Sales and Marketing, LLC, 477 Mass. 456 (2017) An employee dismissed for using medical marijuana off-site and not before or during work may sue her employer for discrimination on the basis of disability. Contractual restrictions are agreed upon by the employer, for example. B the restrictions contained in employment contracts. Contractual restrictions may also arise from statements in letters of offer or other written or oral commitments. Pending the signing of the separation contract, the employer will generally not have severance pay. Even if severance pay is required by the employment contract, an employer may increase the offer of severance pay in order to encourage the salar