When you receive a termination agreement, this is usually no reason to be pleased. Sometimes a different name is used for a termination agreement. There is talk of a fixing agreement. It means that your employer wants to stop working with you and that you are usually sent away with a buy-out. Now, of course, you are not obliged to sign such an agreement directly. It would be much wiser to have him read by an employment lawyer first. Have you signed it yet? Then see if two weeks have passed. Within that period you can still revoke your signature.
Is the termination agreement received in my favour?
Your interests, as an employee, are opposite to those of your employer. A good severance scheme with a considerable amount of money is the least you hope for. Your employer will probably try to keep the costs as low as possible. If the settlement agreement comes in the wake of an employment dispute, the employer will probably be less generous. If there is another reason behind all this, the severance pay may not be quite so scant.
What can an employment lawyer do for me?
An employment lawyer is a lawyer who specialises in employment cases. If an employment lawyer reads through the settlement agreement from a professional point of view, it can become immediately clear that negotiating the terms would offer sufficient prospects. If this is the case, you may decide to consult your employer together with your employment lawyer. Maybe the scheme is not quite right or there are ambiguities in it. Perhaps the amount of money offered is also (far) too low. The employment lawyer will also try to get the employer to pay the costs of legal assistance.
Is it just about the money?
No, a good settlement agreement is certainly not just about the money. For your future career it is also important to get a good testimonial. In addition, it is also good for you if your employer will act as a good reference. Your WW (benefit) rights should not be compromised either, so it is also important that the correct choice of words is used. For example, the termination agreement must clearly show that there is a mutually agreed dismissal taken on the employer’s initiative. If holidays and leave hours are still to be paid, this must also be clearly defined. Maybe there is still a competition, study or penalty clause in play. Now that your employment is coming to an end in such an unexpected way, there may also be different agreements to make about all these things. If you are exempt from work, the ongoing payment of wages and notice period must also be precisely defined in the termination agreement.
What does the employment lawyer do if consultation is not successful?
Parties do not always manage to come to an agreement through consultation. In that case the dismissal procedure before the sub-district court is still an option. This is a time-consuming procedure for the employer, and also entails necessary costs. In addition, there is a risk for the employer that the judge will not accept the dismissal. Such considerations will also be part of the negotiations that you and the employment lawyer conduct with the employer. If you agree to higher severance pay, proceedings before the sub-district court may become unnecessary.