By seeking legal advice when issuing or accepting a settlement agreement, you can be sure that your interests are protected. At Kingsley Smith Solicitors, we work efficiently and confidentially to achieve the best possible result for you. The payment due in respect of accrued but unused vacation pay is usually calculated on the basis of the annual salary divided by the number of working days for the entitlement to leave for each day. It should be based on working days and not on calendar days. Confidentiality clauses are common in transaction agreements. They usually mean that the parties promise not to make harmful statements about each other. This would prevent you from making harmful comments about your employer in the press or on social media, even if you are telling the truth. It could also prevent you from reporting misconduct as a whistleblower. Your lawyer should explain the effects carefully. Aim high, but be willing to compromise. To reach an agreement, both parties must feel that the agreement is fair.
I have been offered a settlement agreement – do I have to accept it? You may be available to negotiate a transaction contract amount for bodily injury. In employment situations, the most common types of bodily injury are psychological injuries such as depression and others. Your transaction agreement may provide that you are on « garden » leave until the end of your employment relationship. If you already have another job, this is pretty much the last nail in the colony coffin, because you can`t even claim you`ve suffered a shortfall. It may be better to accept a settlement than to pursue legal action against your employer. Your lawyer can advise you on whether your employer has violated labor law and your chances of success in court. We would then formally draw up the settlement agreement and send it to the worker`s lawyer. It is important that you and your associate appoint different lawyers, as your employee can only waive their rights to assert a right to work if they have consulted an independent lawyer. The full document usually contains a long list of potential claims. You probably won`t need to go into detail as long as you know that signing the agreement doesn`t allow you to assert any rights.
Some employees are not satisfied with the financial agreement and/or the terms of the agreement and tell their lawyer to negotiate on one or two fronts.