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Help: Employment Separation Agreement

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1 Help: Employment Separation Agreement on Wed Apr 27, 2011 2:49 pm

employee777


Arresto Menor
Atty,

I was given a separation agreement for my remaining days here with my employer(I resigned already). Is this separation agreement necessary? It also states in this agreement that "employee does not have pending against the company any claim, charge, or action with any national, local, court or administrative agency", would it be safe if I will not sign this agreement until I receive all the necessary post-employment documents from them? Thank you so much.

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2 Re: Help: Employment Separation Agreement on Wed Apr 27, 2011 11:40 pm

attyLLL


moderator
try to bargain that it be simultaneous with the giving of the docs.


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3 thank you so much atty. on Thu Apr 28, 2011 6:22 pm

employee777


Arresto Menor
follow up question. Will this separation agreement be valid [btw, the main content of the agreement is non-compete] if I sign it even if in the first place I didn't have an employment contract stating this "non-compete clause".

I've read this from a site, just want to verify. Thank so much.

But there are certain loopholes in the system, and the employee would be wise to study these if they feel that they have been wrongly inveigled to enter a condition which they did not consent to.

First of all, if an employee is asked to sign a non-compete agreement when he is already employed (which is becoming prevalent as employers come to know of the value of restrictive covenants), he has the right to refuse since it is not part of his original employment contract. And even if he signs, he can later challenge its legality if such agreement is not accompanied by a valuable consideration.


In my case, this was given prior to my last remaining days with the company.

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4 Re: Help: Employment Separation Agreement on Thu Apr 28, 2011 11:14 pm

attyLLL


moderator
i read the whole article. i can't agree fully because there have been several cases already decided that if it is a temporary restriction such as a year, it is considered valid.

but i agree that if you are being required to sign a non-compete agreement only now that you are resigning, that is unlawful.


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