Kilian Desroches

Thus, the court rescinded the authorization and stated, « It seems axiomatic that while an agreement needs to be clarified, it is not written in a manner calculated in such a way as to be understood. » In light of this decision, employers should carefully consider whether their termination and severance agreements should still contain the agreement known not to bring legal action. Do not hesitate to contact the firm for any questions concerning this article or the compensation and release agreements. The extent of declassified rights must be carefully monitored in order to comply with applicable state and federal laws. In most cases, employers want the release to be formulated as far as possible and cover all known or unknown claims from the « beginning of the period » until the date of execution of the agreement. Therefore, over time, employers are well advised to continue to consult with employment and employment counsellors in order to identify significant legislative changes and avoid outdated standard contracts in the use of termination and termination agreements. Conventional wisdom suggests that if the employer offers severance pay, it should receive in return a promise not to take legal action. (The benefits of an unlocking agreement may include other commitments, for example. B an agreement for future cooperation or non-competition or advertising for customers and employees.) If an employer does not receive this promise not to take legal action and is then prosecuted, he tends to regret the decision to effectively finance the former employee`s appeal with the severance pay that was made available « free of charge and clearly ». 19. Global Agreement.