Severance and Non Compete Agreements |
The foundation of many successful employer-employee relationships lie in well worded severance and non-compete agreements. Failures in drafting these agreements can lead to many future legal problems.
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Employees who are terminated are often asked to sign a release, waiving their rights to file a claim against their former employer after they are fired. If you have been terminated after years of service to your employer, you may feel as though you are giving up everything and getting nothing in return. Luckily, the Older Worker Benefit Protection Act states that an employee can only knowingly and voluntarily waive his or her right to file a claim against a former employer. The employer must make sure that:
The employee also has a seven day right of revocation, in which the employee can revoke the agreement.
Severance claims will often be coupled with a release or a non compete agreement, because employers do not want to pay you while you go work for their competitors.
In all cases, the law allows you to review your agreement with an attorney, and you should have proposed severance packages reviewed by an experienced and knowledgeable employment attorney. Employees may be waiving claims they are not aware they are waiving, and more importantly, are not required to waive. In certain instances, a proper evaluation of the circumstances surrounding a former employee’s termination or separation will reveal that it may be more appropriate to pursue legal recourse instead of waiving potential claims.There are a lot of factors that go into severance and non compete agreements, and we can help you properly review these documents.
Pennsylvania significantly changed its unemployment compensation law as of January 1, 2012. Whereas prior to January 1, 2012, severance payments made no difference in a person’s unemployment compensation, under the new law any severance agreement entered into after January 1, 2012 resulting in payments over $17,853 will result in an offset against unemployment compensation benefits. It is yet one more reason why you need an experienced employment law attorney to review any proposed severance agreement.
Severance packages are becoming more frequent. Employers have varied reasons for offering severance packages, including to prevent litigation, to prevent adverse publicity, to prevent employees from diverting present clients, general company policy, or because a company is obligated to pursuant to company documents or a handbook.
Contact Us
At Amori & Associates, we represent employers and employees in all aspects of severance and noncompetition agreements. Contact us (570) 421-1406 for a consultation and more information.
Contact Amori & Associates, LLC Today
Employees who are terminated are often asked to sign a release, waiving their rights to file a claim against their former employer after they are fired. If you have been terminated after years of service to your employer, you may feel as though you are giving up everything and getting nothing in return. Luckily, the Older Worker Benefit Protection Act states that an employee can only knowingly and voluntarily waive his or her right to file a claim against a former employer. The employer must make sure that:
- The agreement is in writing
- It is reviewable for 21 days
- Each employee must be allowed to consult attorney
- Must provide employee more than what employee is entitled to receive already
The employee also has a seven day right of revocation, in which the employee can revoke the agreement.
Severance claims will often be coupled with a release or a non compete agreement, because employers do not want to pay you while you go work for their competitors.
In all cases, the law allows you to review your agreement with an attorney, and you should have proposed severance packages reviewed by an experienced and knowledgeable employment attorney. Employees may be waiving claims they are not aware they are waiving, and more importantly, are not required to waive. In certain instances, a proper evaluation of the circumstances surrounding a former employee’s termination or separation will reveal that it may be more appropriate to pursue legal recourse instead of waiving potential claims.There are a lot of factors that go into severance and non compete agreements, and we can help you properly review these documents.
Pennsylvania significantly changed its unemployment compensation law as of January 1, 2012. Whereas prior to January 1, 2012, severance payments made no difference in a person’s unemployment compensation, under the new law any severance agreement entered into after January 1, 2012 resulting in payments over $17,853 will result in an offset against unemployment compensation benefits. It is yet one more reason why you need an experienced employment law attorney to review any proposed severance agreement.
Severance packages are becoming more frequent. Employers have varied reasons for offering severance packages, including to prevent litigation, to prevent adverse publicity, to prevent employees from diverting present clients, general company policy, or because a company is obligated to pursuant to company documents or a handbook.
Contact Us
At Amori & Associates, we represent employers and employees in all aspects of severance and noncompetition agreements. Contact us (570) 421-1406 for a consultation and more information.
513 Sarah Street, Stroudsburg, PA 18360
(570) 421-1406 - Tel.
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(570) 421-1407 - Fax
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