Job terminations can occur at any time, whether they are on your terms or your employer's terms. In today's down economy, job lay-offs are unfortunately quite common. No matter what the scenario, you have legal rights when you either turn in your resignation, or your boss decides to terminate your position. The only case in which you would not have full job termination agreement rights would be if you broke the law while on the job.
Types
Job termination agreements can result from your employer downsizing. In such a case, the agreement may outline salary compensation, also known as severance. According to Berkeley.edu, job termination agreements can also involve employee housing issues and unemployment insurance. Turning in a formal notice to your employer is also considered a job termination agreement. Employeeissues.com explains that in such a case, you can have the upper hand by outlining certain benefits and salary to which you feel you are entitled.
Function
A job termination agreement can be verbal or in writing. For your own sake, try to obtain a written agreement in which the employer lays out the terms and conditions of your lay-off and anything else that is expected of you, such as an anticipated last day. Pay also should be mentioned, especially if you are expecting a severance package.
Considerations
Keep in mind that once you are presented with a job termination agreement, or you turn in a notice to your boss, you are not forced to sign it. Make sure you understand all of the terms in the contract. According to employeeissues.com, such agreements are easily enforced in all states.
Withdrawal
Once you sign a job termination agreement, you essentially can't change your mind as you have waived certain rights. However, if your former employer breaks some of the terms of the agreement, then you have the right to withdraw and take legal action. For example, if it were stated that you were to be paid severance and you do not receive the money owed, then the contract is null and void.
Attorney Consultation
According to employeeissues.com, employers typically give you time to consult with an attorney before signing a formal job termination agreement. If you are not given such time, or your employer opposes it, then do not sign the agreement. Consulting with an attorney is beneficial, especially if you do not understand the terms of the agreement, or if you are forced to resign your position. You can also seek an attorney if your employer breaks the agreement.
Member Comments