This can also be interpreted as a way to mislead the employee. You want to use the simplest language to make sure the employee actually agrees with the agreement and make sure you are right. All severance agreements for workers over the age of 40 must refer specifically to the rights of age discrimination in the Labour Act. Companies often insert a paragraph in the severance agreement prohibiting the outgoing employee from posting «derogatory» comments or statements about the company or passing them on to a natural or legal person. And this provision may include a definition of «disparaging» such as this: «Derogatory remarks, comments or statements are those that have a say in character, honesty, integrity, morality, business acumen, or skills related to any aspect of the work of the individual or person who is denigrated.» Such a broad obligation could be easily broken, especially if the worker is trying to explain to a new employer why he left the last employer, so that some restrictions here may be appropriate. After reviewing and signing the authorization, an employee has seven days to change his mind and revoke his consent to release. If these periods are not explicitly included in the publication, the publication is unenforceable. How the company will respond to referral reviews or recommendation requests from potential new employers is a central theme that the employee wishes to address. The employee could request a section of the severance agreement to state: «The company recognizes and accepts that the employee has achieved excellent results in his work with the company and that the company will make positive recommendations to all new employers interested in the worker.» In addition, the employee could attempt to obtain positive letters of recommendation from line managers and have these letters sent to all new employers who inquired about the employee`s past performance. However, in many cases, employers will only confirm that the worker was working in the company and that he was in good condition. The court will take into account the knowledge and legal sophistication of the former employee: what the court considers to be sufficient time for a contract lawyer who has been terminated to review an agreement to be obviously less than what a roast cook needs.
In one example, when reviewing the validity of a high-level executive`s severance contract, a federal court found that the dismissed employee needed only one day to review the offer. For a low-level manager in a cigarette factory, a court ruled that the five days assigned to the employee to review the offer of severance pay were sufficient. Unfortunately, as long as your employer has given you a few days or even, in some cases, a single day to review the offer of severance pay, it is probably within the scope of the law, as it exists for workers under 40. It is sometimes desirable for the company and the dismissed employee to enter into a transitional advisory relationship after the termination of the employment relationship. The company may use the employee`s expertise and institutional memory, while the employee may be able to generate additional revenue. Among the most important conditions of these transitional agreements are: If a worker over the age of 40 decides to accept and sign an agreement or otherwise accept it, the OWBPA gives the employee seven days after the approval of the severance contract in which the employee can revoke that decision and be dismissed from its terms.