The employee promises and accepts that he may not at any time make, publish or communicate defamatory or derogatory comments, comments or statements about the company or its company or its employees or executives to a natural or legal person or in a public forum. This section does not limit the exercise of protected rights (for example). B rights under the National Labor Relations Act (NLRA) or prevents them from not complying with them by agreement or compliance with applicable laws or regulations or by an order in force of a competent jurisdiction or government authority. In most agreements, there are two (2) types of discrimination laws that the employer wishes to be exempted from, the federal and regional discrimination laws that apply: most, if not all, states have specific laws that affect each of the parties mentioned above in a worker separation agreement. Federal law also deals with certain aspects of termination agreements. A poorly executed separation agreement may be found unworkable in court. (a) the representation of workers. The staff member is of the opinion that (i) the worker did not participate, participate in or otherwise participate in the legal action: Procedure or claim of any kind, judicial or administrative or otherwise, against dismissals related to the employee`s employment in the company, (ii) that the employee is not aware of any recourse, recourse or claim, claim, claim or any circumstance that may give rise to an action, claim or claim against an employee or dismissal resulting from the employee`s actions or omissions during the employee`s employment. Workers who, according to these principles, are not “at will” employees can still claim, in very limited circumstances, an illegitimate “constructive” dismissal if the employer has made the conditions of employment so unbearable that a sensible person would have felt compelled to resign in the worker`s situation. In other words, such collaborators can sometimes stop and complain or threaten to complain about a constructive discharge and negotiate separation terms. (b) Unreasated claims.
The worker does not waive the rights that the worker may have: (a) the worker`s own benefits acquired under the company`s health, social security or retirement plans at the time of separation; (b) benefits and/or the right to claim benefits under existing compensation and/or unemployment legislation; (c) asserting rights that cannot be abandoned by law by the signing of this agreement; (d) the implementation of this agreement; and/or question the validity of this agreement. If the company offers salaries and other payments, the agreement must specify the exact amount and type of compensation. Payment can be a package or a structured plan. In any case, it should set the date and mode of delivery. When companies pay severance pay over a period of time, the agreement must define the duration and structure of the payments. The agreement must identify tax deductions and payment rules. In some cases, a company continues to pay to the employee`s health insurance. This may be the case, for example, if you are in a group health insurance program. In certain circumstances, 45 days must be provided for the review of the agreement. The work counsellor should be consulted to determine the time required.