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The negotiation of
termination agreements
and severance pay

This is how you negotiate with your employer

When you, as employee, end employment it can be for a number of reasons. It may not be reasonable to expect you to work for your current employer or you might have a lucrative job offer from another company. It becomes uncomfortable when your employer takes the initiative. There are two options for him to consider: dismissal or termination agreement.

What a dismissal protection suit affords

If you are given notice, you can proceed and file a dismissal protection suit. This can save the employment and it makes negotiating for a severance pay easier. However: Whether or not and to what extent you are awarded a severance pay package largely depends on your negotiation skills or better yet that of your legal counsel. The law only grants employees a claim for severance pay in exceptional circumstances. Labor law expertise, experience and communication skills are vital to negotiating a successful outcome. Our experience shows that employees, who venture on this path alone, will in all likelihood receive nothing. In order to complete a dismissal protection suit successfully it is advisable to consult with a specialized labor law lawyer. Note: You only have 3 weeks after receipt of termination to file suit! Upon termination we want to be there for you quickly. Therefore, in the case of termination, you will receive an appointment for consultation with our firm within 48 hours.

Be vigilant when negotiating termination agreements

With a termination agreement the employer offers to terminate the employment. Both parties need to agree to the termination. The problem: As an employee you then do not enjoy legal protection, which you would otherwise receive when given notice. You have to answer to all legal and economic consequences yourself. There may be a 12 week disqualification period on your unemployment benefits. You are denied a dismissal protection suit - your strongest instrument of defense. Also claims may be forfeited. So be vigilant because: As employee it falls on you to inform yourself about the consequences of a termination agreement. Therefore please don’t hesitate to consult our legal experts before you agree to a termination agreement. 

How to use a termination agreement in your favor

Termination agreements also have advantages. They offer a high degree of flexibility where termination date and other modalities are concerned. That makes them especially interesting for employers. But you, as an employee, can help shape this agreement to your liking. For instance you can freely negotiate the amount of severance pay awarded. Caution: You have to pay special attention to the particularities of social and fiscal law. In order for you to benefit from a termination agreement you need good counsel and a legal partner who has negotiation skills as well as expertise in the complex field of labor law. We will gladly help you in this regard.

Knowledge counts. It can earn you money. Have your termination agreement draft checked by someone who is legally trained. And when negotiating with your employer use the competence of a specialized lawyer.

What to do when your employer doesn’t want to negotiate? How much severance pay can be awarded?

You have other concerns? We will gladly help with all other matters related to labor law.

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