The main objective of the agreement is to compensate the employer and the worker for wrongdoing during the period of employment. On both sides, it is possible that each party could be charged with any kind of fault, justified or not. References, cooperation after employment, restitution of company ownership and reintegration policy may occur. 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. Since the separation agreement is a legally binding document, it must be enforceable and can be maintained in court. Therefore, the document should be well thought out and carefully worded, preferably by a business lawyer or other qualified lawyer. In addition, special rules apply to employees over the age of 40. These employees have 21 days to review the severance offer before it ends. After signing, an employee over the age of 40 also has 7 days to revoke the contract. An employee separation agreement may also include additional clauses that protect the company, including: the agreement identifies the parties and states on the date of work and termination. There may be a particular reason for departure – dismissal, resignation, resignation – or simply indicate that the employee is leaving the company. The employee is required to return all consideration or payments made under the agreement to be revoked. In order to compensate both parties, the parties would have to approve a separation agreement stipulating that no party is guilty of wrongdoing and that the dismissal of the worker was due solely on the basis of his actions.
In addition, in the case of mandatory severance pay for staff, payments and amounts should be indicated in this agreement. Benjamin E. Widener, a shareholder in Lawrenceville-based law firm Stark-Stark, agrees. If a separation agreement is not required by a formal employment contract or severance package, the company should consider offering separation pay in return for the release of all claims by the employee, even if such claims do not yet exist.