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Employers often use the promise of severance pay to recruit top talent and encourage performance. So while this may seem counter-intuitive, the best time to negotiate a separation agreement is often when you agree to join a company rather than when you decide or are forced to leave. (Indeed, an important part of any contract negotiation is how the parties will act when they separate.) Finally, guidelines published in 2015 by the General Counsel of the National Labor Relations Board (NLRB) have established that non-disparage clauses and other provisions typically contained in severance agreements are illegal because they violate the guaranteed right of employees to concerted activities. “We are following our T-agree guidelines,” Says Palmeter. The direction of a separation agreement is legal. In principle, it serves as legal protection against the employee who sues you later in the event of illegal dismissal. In other words, it is not really about money. Separation agreements can also deal with what happens after departure, for example. B employees who return company ownership, documents, keys and devices. The agreement may also remind parties of their obligations to own and use labour products or intellectual property created by employees during their tenure. Sometimes employers intend to enter into the separation agreement before the date of termination. In this case, the separation agreement may include the obligation to sign a second authorization after the termination date.

This second publication would cover all claims regarding behaviour during this transitional period between the first and second signing of the contract. The Katz Law Group, P.C. has more than 35 years of experience in procedural and labour law in Massachusetts and throughout New England. We have represented our clients in severance and separation award agreements. If you are facing a dispute over agreements in Worcester, Framingham, Marlborough or elsewhere in Massachusetts, contact us online today or call our law firm at (508) 480-8202.