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Required to Sign/Agree to a Severance Agreement?

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imachristian13

Member
What is the name of your state (only U.S. law)? Delaware

Hi folks...

I was terminated January 3rd.

During the termination process, I was told I would receive severance pay through the pay period that ended last Saturday. They didn't offer any terms or tell me I'd have to agree to anything.

The firm has made good on their promise to pay the first 2 of the 3 paychecks that would apply (I should get the 3rd on Friday). However, about 3 weeks ago, I received a Severance Agreement in the mail with a request for my signature and return.

I am not OK with the terms of this agreement so, here's my question. Am I required to sign this Severance Agreement?

ECMST...I don't have it in hand - however, I don't want to be pinned into having to keep quiet about details from the firm in the future. It's basically a be quiet document. There's a lot of things that I haven't sorted out - including things that I was involved with - that I need to protect from.
 
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Antigone*

Senior Member
imachristian13 said:
What is the name of your state (only U.S. law)? Delaware

Hi folks...

I was terminated January 3rd.

During the termination process, I was told I would receive severance pay through the pay period that ended last Saturday. They didn't offer any terms or tell me I'd have to agree to anything.

The firm has made good on their promise to pay the first 2 of the 3 paychecks that would apply (I should get the 3rd on Friday). However, about 3 weeks ago, I received a Severance Agreement in the mail with a request for my signature and return.

I am not OK with the terms of this agreement so, here's my question. Am I required to sign this Severance Agreement?
Click to expand...

Nope.:cool:
 
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swalsh411

Senior Member
You are not required to sign anything.

If you don't, they probably will not pay you anything additional and may sue you to recover what they have already paid you above and beyond pay for actual work. Whether or not they would be successfull is another matter. If they can't show you agreed to these terms as a condition of receiving the severance in the first place they I doubt they have a very strong case.
 
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Beth3

Senior Member
I am not OK with the terms of this agreement so, here's my question. Am I required to sign this Severance Agreement?

Nope, although don't be surprised if you don't receive the last severance check.
 
eerelations

eerelations

Senior Member
OP, you shouldn't add your answers to people's questions to your first post, most people won't think to look there once they're read it the first time (before you started answering questions there).

In future, if you want to post another answer/comment in this thread, hit the post reply button and answer/comment there.

The non-disparagement verbiage you speak of is very very standard in severance agreements. If you wish to disparage the company, then don't sign the agreement. You won't get your remaining severance payment however. And all of this is not only very very standard, but perfectly legal as well.
 
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swalsh411

Senior Member
I don't want to be pinned into having to keep quiet about details from the firm in the future.

Oh please. Either you participated in some sort illegal operation or you are the type of person who likes to bad-mouth and gossip about their previous employer under the guise of "letting the truth be known" or other such nonsense.

Don't take baggage from your old job to your new job. Unless they were doing something horrific like buying children from China and enslaving them in the basement to make sneakers, forget about it and move on your with your life. Government agents will not be banging down your door demanding to know what you were "involved with".
 
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wrongsometimes

Member
eerelations said:
The non-disparagement verbiage you speak of is very very standard in severance agreements. If you wish to disparage the company, then don't sign the agreement. You won't get your remaining severance payment however. And all of this is not only very very standard, but perfectly legal as well.
Click to expand...

I would not sign a non-disparage clause unless its for 40K .... not worth the effort otherwise ...
 
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