A Miami-Dade County Firm Helping People with Severance and Separation
A severance, or separation, agreement is an agreement entered into between an employer and an employee leaving that employment position. Often times, employers offer money and/or other benefits in exchange for a promise from a former employee not to initiate any legal proceedings after the employment relationship ends. In order to make a severance agreement enforceable, the employer must offer the departing employee something that the employee is not otherwise entitled to based on company policy or practice or the law.
Additionally, the requirements for creating an enforceable severance agreement change depending on whether the individual is over the age of 40 or whether it is a group separation as opposed to the separation of one individual. For example, the Older Workers Benefit Protection Act, which is part of the Age Discrimination in Employment Act, imposes specific requirements on employers in order for them to obtain a release of an age discrimination claim depending on the age(s) of the employee(s) as well as whether it is a group or single separation.
Also, separation agreements may have other provisions, such as confidentiality, non-disparagement, and no rehire. These terms are typically one-sided and oftentimes confusing. The lawyers at BT Law Group have extensive experience preparing severance agreements and also advising employers and employees about the terms and meaning of such agreements. Please contact the attorneys at BT Law Group for a consultation.
