Massachusetts Accord and Satisfaction and Release between Employer and Executive Employee Pursuant to Severance Agreement

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Description

A Release is a document which, if properly used, effectively extinguishes potential causes of action on the part of the releasing party. Thus, in employment situations, the Release is usually a written record of the intention of an employee to relinquish claims of all sorts against the employer. A severance agreement is a contract between an employer and employee documenting the rights and responsibilities of both parties in the event of job termination. The contract specifies any severance package of pay and benefits and the conditions under which it will be provided or withheld.



An Accord and Satisfaction is an Agreement between two parties to a contract, in which one party (which has a legal claim against the other) releases the other party from its obligations in return for some form of compensation. The agreement is the 'accord,' and the compensation is the 'satisfaction.'


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FAQ

Here are the key steps for negotiating an exit package:Understand the components of a severance package.Wait before signing paperwork.Read everything carefully.Get an expert opinion.Understand your priorities.Negotiate for more than money.Decide on a reasonable request.Leverage your success.More items...?

Massachusetts is an employment at-will state, so an employer can terminate an employee at any time, for any reason. You are entitled to receive, on the day of your discharge, unpaid wages, unused vacation time, and certain other benefits under the Wage Act. However, you are not entitled to a severance package.

Massachusetts Law Under the law, employees who have worked at least three years are entitled to severance pay of two weeks for every year of service, if certain conditions are met.

Fraud, misrepresentation, duress, or unconscionability are common defenses you can use if you want to void a severance agreement that you already signed.

If you sign a severance agreement that includes a release of claims against your employer, you can collect unemployment while you are receiving severance pay. Most severance agreements include a release of claims. If you have signed a release, the money you receive does not count against your unemployment.

In brief. A severance package can be negotiated. Understand your options and focus on what matters most to you. If you have been laid off, check your contract or employee handbook to ensure the employer is complying with its severance policy.

Employee shall be eligible for Conditional Severance only if the executed Release is returned to the Company and becomes irrevocable within 60 days after the Date of Termination.

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Severance pay a retrenched employee must at least be paid 1 week's pay for each completed year of ongoing service. However, the employer must pay the retrenched employee the amount specified in any policy or his/her employment contract, if that amount is larger.

If your employer offers a severance package, you can make a counteroffer, but you should do so with caution. Just as your employer typically does not have to offer you any severance, your employer can withdraw an offer if you do not accept it before it is withdrawn.

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Massachusetts Accord and Satisfaction and Release between Employer and Executive Employee Pursuant to Severance Agreement