In any ending – the “who gets what”—comes up.  What should you ask for? Should you ask for more than you expect just to have some negotiation room?  What’s appropriate to ask for in this separation? It’s important for you to know that there is no magic formula. Years ago, when long-term employment was the norm, there used to be a more formulaic approach to terminations, such as a week or two for every year of service, but that rule is simply no longer in play. Never rely on what you think you should ask for or what you believe is typical or what you feel you are entitled to: ask for what you want.

In any ending, come from a place of positional accuracy and reasonableness. It’s harder for an employer to say no to a reasonable request that is based in fact. So you want furniture that your mother gave you in the divorce.  This is a very reasonable request. In an employee/employer setting, the following no cost times are reasonable to ask for:

• Mutual Non-Disparagement

 Usually a Company will include a provision that you cannot slander or defame the Company as a condition of signing the Agreement and receiving the benefits/payments from it. Make sure you ask for the same respect.

• Neutral Reference               

If contacted by future employers, your Company should only verify dates of employment and position held.  This limits the opportunity for employers to engage in any additional discussion.

• Unemployment Compensation

The Company agrees not to contest any application of unemployment made by you.  While this may be inferred in some agreements, it’s best to have it clearly spelled out.

If you get any of the above items in your initial demand, you’ve already protected your rights far greater than your initial offer.

The period of negotiation from the separation offer can take longer than you would expect, and at times employees will feel the offer will go away if not accepted. 

Typically, during the entire course of your review period (no legally required period of time for employees under the age of 40, 21 days for over employees over the age of 40, and 45 days for employees over the age of 40 with two or more in a reduction in force) the offer remains on the table. This gives you time to consider the offer, negotiate any changes, and seek counsel for assistance.

If you have already signed your Agreement but are having second thoughts about whether you should have, if you are over 40, you have seven days from the date of signing the document in which to rescind your consent to the Agreement. You must do so in writing, addressed to the appropriate Company representative.

While all offers have an expiration date, if for some reason the time period passes, you may still inquire as to the terms of the offer.  Remember, separation agreements are founded on the principle that you are waiving your right to sue for discrimination under all categories.  It is not an economic bridge.  It is in the Company’s best interest to obtain a Release, in order to remove uncertainty, finalize the settlement and avoid legal risk.

As always, the Employment Divorce^® and Employment Therapy^® are here to help and guide you through this process.  Contact Us.