Severance Agreement Oregon
We explain if your severance agreement contains one of these hidden clauses: you may be granted severance pay as a reward for your benefits in the company, but is more often due to an employer who wishes to protect the company from certain acts that you can perform after your employment. Your employer may not want you to have the right to take legal action against the company or to protect some kind of sensitive business information; The award of severance pay is sometimes a means of protecting the legal or commercial interests of the employer. The rules are different when the agreement is reached with the person being sued and not with the claimed victim. In this case, the employer may, if supported by a good faith investigation, include confidentiality and non-rehabilitation provisions without an express request or seven-day retraction. Since the restrictions on your life may be extended, an employment lawyer in Portland should always be consulted before entering into such an agreement. While the severance pay offered can be tempting, signing a contract without legal advice can put you in trouble, limit your employment opportunities and interfere with your individual rights. The legal team at HKM Employment Attorneys has extensive experience in this area and we can help you negotiate an agreement based on your interests. If you have not received severance pay, we can help you follow a package and if you feel that an agreement you have already signed is unfair or contrary to public policy, we may be able to help you challenge it. An employer may invalidate an existing agreement on severance pay or severance pay with a person authorized to hire and dismiss employees if, following an investigation, the employer has established in good faith that the person has violated the employer`s anti-discrimination law or non-discrimination policy and that the violation has contributed significantly to the separation of the workplace. Under the EPA, an employer cannot enter into an agreement with a current or potential worker who contains a confidentiality or non-disappearance clause on behaviour that constitutes discrimination in the workplace or sexual assault. The new law aims to prevent employers from imposing non-disappearance or non-rehire provisions as part of a transaction, separation or severance agreement with a worker who alleges unfavourable treatment on the basis of a specified protection status. Instead, the new law provides that these provisions can only be introduced if (1) the worker requests them and (2) the contract gives the worker seven days to revoke the contract after signing. The amended law prohibits non-compliant agreements and practices from October 1, 2020.
A new law in Oregon limits the use of confidentiality or non-disappearing agreements with their employees regarding workplace discrimination or sexual assault. Our firm represents people and can advise your company on how best to manage redundancy plans.