Oregon 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

How to respond to a severance offerDetermine your bargaining power. Before responding to the offer, understand your ability to negotiate.Research appropriate payment amounts.Calculate the length of your severance pay.Consider benefits and perks.

The typical formula for a severance package is one or two weeks of pay for each year of service. It can be paid in one lump sum or over a period of time.

The general practice is to try to get four weeks of severance pay for each year worked. Middle managers and executives usually receive a higher amount. Some executives, for example, may receive pay for more than a year. If your lump-sum severance payment is considerable, it could push you into a higher tax bracket.

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does not have to offer you any severance, your employer can withdraw an offer if you do not accept it before it is withdrawn.

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.

Severance is not mandatory For the companies that do, it's typical to get one to two weeks of pay for each year of employment. So if you worked for 10 years, you might receive 10 weeks of severance. Typically, companies pay something in exchange for you not making a wrongful-termination claim against the company.

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...?

A severance agreement is a legal document signed by an employer and an employee upon termination that details the rights and responsibilities of each party. The contract contains any benefits the employee will be entitled to, such as severance pay or insurance plans.

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.

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

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