The Employer must be identified with the full legal name of his or her Business. This date will serve to aid in identifying this document in the future as well as solidify when the Participants in this agreement have made it effective.
Begin this agreement with a report of the date when the Employer and Employee will first be obligated to its terms. Unlawful Discriminatory Practicesĭownload: Adobe PDF, MS Word (.docx) or OpenDocument I. IN – IC 22-9-1: Civil Rights Enforcement.29 CFR Chapter XIV – Equal Employment Opportunity Commission.In most agreements, there are two (2) types of discrimination laws that the employer will want to be exempt from, Federal and State discrimination laws which cover: Recommended Severance – It’s advised to give any former employee two (2) weeks’ severance upon the termination of their employment as long as he or she signs a separation agreement.
For example, a $100 payment to the employee for a list of demands that severely impair the employee’s ability to find new employment may not seem fair in the eyes of any court. For it to be considered legitimate, it must make sense in the context of what is being asked.
Consideration is an amount that can be legitimately passed as payment for an individual or entity to fulfill an obligation. In exchange for the employee to honor the separation agreement, the employer must make some type of consideration. The employee will be required to return any and all considerations or payments that were made as part of the agreement in order to be revoked. Twenty-one (21) days for all individuals over forty (40) years old.Seven (7) days for individuals under forty (40) years old and.The legally required revocation periods are as follows: This allows the employee the decision to revoke the separation agreement during this time period. 22(d)(4)), an employer is required to provide a ‘revocation period’ after an agreement has been signed. Under the Age Discrimination in Employment Act (. Having a “going away party” or another event that assists in the transition will help give the person the peace of mind they need to leave on good terms. Furthermore, it should be noted that if the employer is contacted that a positive endorsement will be given to any requests for information about the former employee.ĭue to every employment situation being unique and personal relationships that may develop through one’s career, it’s best to also provide any emotional support if possible. The best way for an employer to help is by offering to write a recommendation letter. The last remaining obstacle for the terminated individual will be to finalize their termination and move on to the next chapter of their life. Step 5 – Offer to Assist in the Transition In addition, if there is severance due to the employee the payments and amounts should be listed in this agreement. In order to indemnify both parties, the parties should authorize a separation agreement that states that no party is guilty of any wrongdoing and that the employee’s termination was due solely based on their actions. Unless there is severance, it’s best to begin the termination process early or mid-week in order to give them a better chance at finding new employment. Step 3 – Decide Their Last Dayĭespite popular opinion, it is NOT best to let someone go on a Friday, or worse, before a holiday weekend. People tend to react differently around other people and both parties will have a better chance at an honest conversation if there isn’t an audience. Furthermore, the best is to do this one-on-one. Unless the employee is working abroad, it’s recommended for all parties to leave on good terms by approaching and informing them in person. Plan a time to speak with the individual. In order to help the person, it’s the duty of the employer to help the terminated individual help themselves. Gather occurrences or testimonials from their co-workers and outline their faults and why they are no longer a fit for the company or organization. Step 1 – Identify the Employee’s Wrongdoing It is recommended to use an Employment Termination Checklist ( PDF, MS Word, ODT) when letting go of an employee while following the steps below. On both sides, there is a chance that either party could be accused of any type of misconduct, whether warranted or not.Įach party should be on guard for common liability that is present in common workplace atmospheres: Employer’s Liability The main purpose of a separation agreement is to indemnify both the employer and the employee of any wrongdoing during the course of the employment. Revocation Period – Under the Age Discrimination Act, an employee can cancel a separation agreement within seven (7) days if under 40 years old and within twenty-one (21) days if over 40 years old.