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Court Says Employee Who Signed Severance Agreement Can Still Sue2026and Keep the Money. A federal appeals court just ruled that an employee who received severance pay for signing a separation agreement can still keep the money even though she is now suing the employer for the same claims that she released in the agreement

Court Says Employee Who Signed Severance Agreement Can Still Sue2026and Keep the Money. A federal appeals court just ruled that an employee who received severance pay for signing a separation agreement can still keep the money even though she is now suing the employer for the same claims that she released in the agreement

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.

Like any legally binding contract, you can walk away from a severance offer at no detriment to yourself.However, if you refuse to sign the contract and want to file suit, your next step should be consulting with an employment contract attorney who understands the laws in your state.

What is typically contained in a severance agreement?The effective date of your termination.The amount of severance pay or salary continuation.Tax withholding.Bonus pay.Eligibility for unemployment insurance.Insurance continuation.Pension.Benefits unique to the place of business.More items...

How to Prepare a Severance or Termination AgreementStep 1: Articulate Your Goals.Step 2: Identify Compensation.Step 3: Determine Specific Waivers, Releases of Claims, Acknowledgments and/or Contractual Assurances to Include in the Agreement.Step 4: Arrange to Secure Employer-owned Property.Step 5: Draft the Agreement.More items...

As a general rule, severance agreements can be rescinded by the employer up until the moment they are signed. Once signed, in general, only the employee can rescind (and that only for a limited period of time).Anyone offered a severance agreement should consult an attorney prior to signing.