Some employers may want to limit the way outgoing workers may behave in the future by using “restrictive agreements” – non-compete clauses, non-injunctions, confidentiality clauses and non-disappearance clauses. These are critical limits to how the employer can behave in the months or years following the termination of the employment relationship: despite public opinion, it is NOT better to let someone leave on Friday or worse before a holiday weekend. Unless there is severance pay, it is best to start the redundancy process at the beginning or midweek to give them a better chance of finding a new job. Employers may require that the terms and conditions of the separation agreement remain confidential. A confidentiality or confidentiality agreement should indicate what remains private – trade secrets, financial affairs, client lists, etc. It must also list exceptions to the confidentiality clause (lawyers, spouses, etc.). There will not be two agreements to separate the same workers, but there are a few that are generally included: first, the worker renounces the rights he can assert against the employer. The release of rights often involves a general waiver of all employment rights. Frequent claims often include (but are by no means limited to): authorization waives claims for behaviors that occur on the date or before the contract is signed. As a result, an employee often signs the separation agreement and dismissal after the employee stops working, often referred to as the “end date.” The separation agreement may include, subject to the law, a confidentiality provision that prevents the parties from disclosing their terms or even their existence, with the exception of a small group of persons (such as lawyers, financial advisors, close family members) or as required by law. Typically, the company offers a type of payment (often called severance pay) in exchange for a waiver and the release of rights.
The agreement may provide the worker with other advantageous conditions, such as the continuation of health services. B, a neutral reference and services that help find a new job. In addition to the release of rights, the employer can obtain commitments, such as .B the agreement of the employee, customers or other employees. Nevertheless, a carefully drafted staff separation agreement will protect the company from termination actions (for example. B illegal actions against dismissal), will clarify difficult or complex work situations and provide a level of closure and liquidation of the redundancy process.