If you have bonuses or commissions, the amounts due must be set out in the agreement. A lawyer should check your contract to ensure that all contractual bonuses and commissions are fully paid. 6. The employer`s attitude towards liquidation – some employers are more culturally inclined to use settlement agreements – others would prefer to wait and see if you assert a right and then decide what to do. If you`ve been treated badly at work and want to leave, your goal is to negotiate a valid settlement agreement, including fair financial compensation for your abuse. An employer`s offer of settlement is made in the context of a disciplinary, dismissal, illness or benefit situation. If the employee often refuses the offer, the underlying risk is that the employee`s employment relationship may be terminated at the end of the corresponding process. The best non-financial term that can be included in a settlement agreement is probably an agreed reference: see our article on getting references to employers in settlement agreements. A settlement agreement may include a commitment by your employer to provide a reference about you if they are asked to do so. The wording and form of the reference can also be agreed with the settlement agreement – sometimes as an annex to the agreement itself.
The indication of a reference is not mandatory, but can make your comparison proposal more attractive to the employee. However, do not let yourself be tempted to soften the agreement with a cooked reference. References must always be true and accurate. If you feel mistreated, you can still make a claim after refusing a transaction, but you may not receive as much money as you were originally offered. Remember that the terms of a transaction must be agreed between both parties and your lawyer can advise you on what would be appropriate in your circumstances. Aim high, but be willing to compromise. To reach an agreement, both parties must feel that the agreement is fair. We only represent employees, which is why we really understand what your concerns are if you have been treated badly at work and how you can help you reach a fair agreement.
If you are called to an „off-the record“ discussion about your job, it may come from heaven. Similarly, it can be a relief if you`ve assumed that „something“ has been on the cards for some time. A settlement agreement may be entered into with you during the handling of a disciplinary case, during a termination situation or if you have filed a formal complaint or claim against your employer. There are many reasons why an employer might choose to open discussions with you, as well as why you might try to do so. In this blog, we introduce you to 10 things you need to know about transaction agreements….