State law regulates labour agreements and severance pay and can vary considerably from state to state. You should consult a lawyer about the most appropriate state law. The document is a unilateral document in favor of the company from which the employee or director is withdrawing. Certain declarations of resignation, release and waiver may be made with respect to separate documents, such as a letter of termination or a share purchase agreement. The employee acknowledges that the employee waives all claims the employee may have in employment with the company under the Age Discrimination in Employment Act (“ADEA”). The employee also acknowledges and agrees that the employee has at least twenty-one (21) days to verify whether the employee should agree to give rights, if any, under the ADEA. The Employee also understands that the Employee may revoke his or her waiver of ADEA claims within seven (7) days of performance of this Agreement. A revocation within this period must be made in person or in writing to [the contact person and contact details]. To be effective, the revocation must be served or postmarked within seven (7) calendar days of the employee signing this Agreement. The employee also acknowledges that the employee was advised to consult with a lawyer in connection with the waiver of rights under the ADEA and that the employee consulted or waived the right to do so.
If the employee does not revoke this agreement, it becomes effective and enforceable on the eighth day following the employee`s performance of the agreement.] The employee promises and agrees never to issue, publish or communicate to a natural or legal person or to a public forum any remarks, comments or statements that are defamatory or derogatory towards the company, its companies or any of its employees or senior managers. This section does not limit or prevent the employee from exercising any protected rights (for example. B the rights conferred by the National Labor Relations Act (NLRA) to the extent that such rights cannot be surrendered by an agreement, if applicable laws or regulations or a valid order of a competent court or authorized governmental authority can be complied with. Identify all other separation benefits (e.g.B. – health insurance at the end, placement services) – it is recommended to inquire with a lawyer about the appropriate formulations concerning these benefits. A review of an employee`s employment or other agreements may be necessary. They must determine the necessary payment in accordance with the company`s guidelines, the employment contract and the legislation in force. In consideration for the Employee`s performance, non-appeal and compliance with this Agreement, including the waiver and release of rights set forth in Section 6, the Company agrees to grant the Employee the following benefits (“Separation Services”): (h) assignment of rights. Each Party represents and warrants that it has the power and authority to enter into this Agreement and that it has not assigned any of the rights released therein, otherwise assigned or attempted to transfer it.
This document assumes that there is no separate agreement between the company and the employee regarding separation, severance pay or other termination benefits. You should contact a lawyer to find out if there is such an agreement. (d) waive collective/collective action. . . .