Well-paid publicists will tell you with a smile that their celebrity clients had an amicable divorce. These succinct press releases and slick-looking social media posts conceal at least one of two truths. What they are not telling you is that there is plenty of ugliness that you did not see, or that amicable is a relative term. Yes, the couple’s divorce was less painful than it would have been if they had not had a prenup and if they had not had successful careers to sustain them financially and emotionally before, during, and after their marriage. The fact that there was never any question that the children would spend school nights with their mother also saved them from some of the worst kinds of divorce ugliness.
Even if the worst parts of the couple’s divorce did not make it to the courtroom, or even to collaborative mediation sessions in a conference room at a posh law firm, they still privately experienced the breakdown of their relationship and witnessed a critical mass of signs that the person in front of them had profoundly and irreversibly changed from the person they married. For them, a divorce decree was a relief; it meant that they could put this painful chapter of their lives behind them and move forward as co-parents who are no longer answerable to each other about careers and friendships. It would be better, though, if their relationship had never fallen apart. This is only if they are being honest about how amicable their divorce was; maybe it was horrific, but they are just telling you it was amicable to save face.
You might be surprised when a long-divorced person opens up to you and tells you the whole truth. Likewise, separation agreements that end an employment relationship cast a veneer of no hard feelings, but they are an attempt to save face; at their worst, they are a cover for coercion and other illegal practices. The Boulder separation agreements lawyers at HKM Employment Lawyers LLP can help you decide whether to sign a separation agreement if your employer offers you one.
When Employers Want You to Quit on the Employer’s Terms
A separation agreement formally ends an employment relationship. Most employment relationships end without one. If the employment is on an at-will basis, then the employee simply quits, or the employer fires the employee; then the employee stops working, the employer stops paying the employee, and both are free to replace each other in their respective roles. If the employee has a contract, then the employment relationship ends on the end date specified in the contract, or else it ends according to the early termination procedures listed in the contract.
The basic elements of a separation agreement are that the employer agrees to pay the employee severance, and the employee accepts the termination of the employment relationship and agrees not to sue the employer for wrongful termination of employment. The severance package can include several months of paychecks after you stop working and a continuation of health insurance benefits for up to two years. It may sound like a sweet deal, but think about what you are giving up. Yes, getting a severance package is better than simply getting fired, but you are letting the employer control the narrative.
Is Signing a Separation Agreement Your Best Option in Less-Than-Ideal Circumstances?
The text of separation agreements sounds like legal boilerplate; one separation agreement sounds a lot like the other. It is the context, more than the words themselves, that determines whether the separation agreement is fair. If your employer is going out of business, all the employees will lose their jobs. The circumstances of the termination of your employment are far beyond your control and that of your direct supervisors. Therefore, accepting the separation agreement is probably the best choice. You do not have to accept the first draft of it, though. A Boulder separation agreement lawyer may be able to help you negotiate for better severance pay.
Conversely, the separation agreement can be a way to buy your silence. Are you the only person getting fired? Does firing one person really solve your company’s alleged financial hardships, and if it does, why does that person have to be you? If you think you have grounds for a wrongful termination of employment lawsuit, with or without citing discrimination or retaliation, then you should not sign the separation agreement.
What Happens If You Do Not Sign the Separation Agreement?
If you do not sign the separation agreement, you do not get severance pay. Therefore, most people’s decision to sign a separation agreement is based on financial factors. People sign separation agreements because they cannot afford not to. Suing your employer is not a quick or stress-free process. Most cases end with the employee receiving a settlement, without the case going to trial, but it is months or years of financial uncertainty before you get the money.
Before you decide not to sign the separation agreement, you should discuss your plans with your employment lawyer about how you will survive financially until the settlement money comes. Will you collect unemployment? Can your spouse’s income sustain the entire household? Can you rely on your parents or other family members if you do not find a new job quickly?
If your wrongful termination of employment lawsuit involves discrimination, the process is even longer. Before you can file a lawsuit, you must initiate your complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC must investigate your complaint and formally authorize you to proceed with your lawsuit before you can submit your lawsuit to the court. An employment lawyer can represent you in your interactions with the EEOC and can help you present a strong case that the separation agreement was a front for discrimination.
Contact HKM Employment Attorneys, LLP, About Separation Agreements
The Boulder employment lawyers at HKM Employment Attorneys, LLP, can counsel you about signing or amending a separation agreement. Contact the employment lawyers at HKM Employment Attorneys LLP in Boulder, Colorado, to set up a consultation.
