In the employment context, a release agreement is a severance agreement and is also commonly referred to as a “termination agreement” or “separation agreement.” In many cases, an employer will offer an employee money or benefits in exchange for him or her agreeing to release the employer from liability under an employment contract.
It is important for any person who is considering signing a release agreement to retain legal counsel so he or she can fully understand all of the possible advantages and disadvantages of a proposed agreement.
Lawyer for Release Agreement in Philadelphia, PA
Are you being asked to sign or do you have questions about a release agreement in Pennsylvania, New Jersey, or New York? You will want to contact Console Mattiacci Law, LLC for assistance protecting all of your rights.
Our Philadelphia employment law attorneys represent clients in communities throughout Cape May County, Montgomery County, Chester County, Delaware County, Bucks County, Camden County, Burlington County, Gloucester County, Atlantic County, and Ocean County.
You can have our lawyers provide an honest and thorough evaluation of your case as soon as you call 215-545-7676 to receive a free, no-obligation consultation.
Overview of Release Agreements in Pennsylvania
- What are the different kinds of release agreements?
- Which issues could arise in a release agreement?
- Where can I find more information about release agreements in Philadelphia?
Depending on the content of the agreement, a release agreement may go by any number of names. Some of the other most common kinds of release agreements include:
- Mutual Release Agreement;
- Personal Release Agreement;
- Compromise and Release (C&R) Agreement;
- Severance and Release Agreement;
- Resignation Agreement and Release of All Claims;
- Termination and Mutual Release Agreement; and
- Mutual Rescission and Release Agreement.
Most release agreements contain the same basic elements, including the reason(s) for termination or resignation, the effective date, any severance package, and the way any benefits will be paid.
An individual should be mindful of the provisions in a release agreement. For example, an employer may prevent employees from working for competitors by including non-compete agreements. Other release agreements may contain confidentiality clauses that prevent employees from sharing certain company information, such as trade secrets.
Some of the other very important provisions of a release agreement that can cause significant complications later on if ignored or overlooked include tax deductions and non-disparagement clauses. You will want to have knowledgeable legal representation look at every aspect of your release agreement so you can make sure that there is nothing contained in the agreement that haunts you later on.
Understanding Waivers Of Discrimination Claims In Employee | U.S. Equal Employment Opportunity Commission (EEOC) — The EEOC enforces federal laws that make it illegal to discriminate against a job applicant or an employee because of his or her race, color, religion, sex, national origin, age, disability or genetic information. As this website notes, discrimination claims under the civil rights laws enforced by the EEOC are commonly among types of claims connected with the employment relationship that many employers offer money for benefits in exchange for a release of liability for. This EEOC document provides basic information about severance agreements, explains when a waiver is valid and includes a checklist with tips on what you should do before signing a waiver in a severance agreement.
Strategies In Drafting Effective Separation Agreements | American Bar Association (ABA) — View the full text of an ABA paper discussing the legal issues associated with the use of separation or settlement agreements, the claims an employee may be able to assert against his employer, the law governing waiver of those claims and the tax issues raised by the use of such agreements. The paper touches on specific grounds upon which an employee may limit the scope or disavow the effect of a release as well as the “ratification” defense. The paper also covers when an employment separation agreement is desirable, what the tax issues are connected with employment separation or settlement agreements, and what effective techniques are in negotiating employment separation or settlement agreements.
Find a Release Agreement Attorney in Philadelphia, PA
If you are being asked to sign a release agreement in Pennsylvania, New Jersey, or New York, it is in your best interest to quickly retain legal counsel. Console Mattiacci Law, LLC helps individuals in the greater Philadelphia area, including communities all over Lancaster County, Delaware County, Montgomery County, Chester County, and Bucks County in Pennsylvania as well as Burlington County, Mercer County, Monmouth County, Ocean County, Atlantic County, and Camden County in New Jersey.
Our experienced employment law lawyers in Philadelphia can make sure that you sign the most favorable agreement possible.
Call 215-545-7676 or complete an online contact form to have our attorneys review your case and help you understand all of your legal options during a free initial consultation.
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