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An employee separation agreement is a legal document that lays out an understanding between a company and a terminated employee. After both parties sign, the terminated employee gives up their right to take legal action against the company in the future (i.e. suing for wrongful termination or severance pay).
A Mutual Release Agreement is a straightforward document that allows you to settle disputes quickly and professionally. No matter what your dispute, a Mutual Release Agreement allows both parties to agree to drop all claims and get out of the contract.
A mutual separation agreement is a waiver of rights by both parties to enable a soft exit of the employee. This may enable the employee to exit the company by having their reputation in place.
Constructive discharge. Firing. Layoff. Termination for cause. Termination by mutual agreement. Termination with prejudice. Termination without prejudice. Involuntary termination.
No matter what your employer tells you, you are not required to sign a severance agreement, and you are not required to do so immediately. You always have the right to consult with a lawyer, even if you are sure you understand the terms.
Separation details. An employment separation agreement should lay out some basic terms, such as identifying both parties (company and terminated employee), the final date of employment, and possibly a reason (termination, layoff, resignation, etc.).
Severance agreements are offered and signed as part of a hiring process. It becomes part of an attractive benefits package. It may include monetary stipends that are earned over time, and are paid out at the time of termination.On the other hand, a separation agreement is offered and signed at the time of termination.
Although you don't have to sign a severance agreement, your employer may make it a condition of receiving severance pay.However, in most cases, an employer is free to condition severance on the employee signing the agreement. In other words, if the employee refuses to sign, the employee won't get any severance pay.