Employers are not required to have redundancy plans. However, where an employer has such a directive, it must pay any employee who meets its requirements. Often, this can imply that you have worked for a company for at least a certain period of years and lost your job without fail. It may also contain other requirements, for example. B the retention in the company for a transitional period, for example.B. until the conclusion of a merger or until you have completed the training of your replacement. Where a worker has other rights to severance pay under an agreement, directive or collective agreement, the worker is entitled to severance pay or severance pay provided for in an agreement, directive or collective agreement, whichever is more important. It is important that the law does not mention severance and exemption agreements where no rights of the worker have been invoked and the law does not appear to be applicable to such agreements. The question of whether the details of the transaction agreement, such as. B the amount of consideration paid, may be subject to an enforceable NDA is probably an issue that must be determined on a case-by-case basis. For example, if a staff member has asserted an LAD claim and is resolved under a severance pay agreement, the amount of the transaction could be considered a detail related to a right (for example.
B salary refunds upon payment of a right to the Equal Pay Act) and therefore subject to the prohibition of the NDA. However, in another case, it cannot be a covered „detail“ (for example. B a flat-rate amount of consideration not specified). Non-disparaging provisions could pose similar problems. Confidentiality clauses contained in employment contracts and settlement agreements that hide details of the right to discrimination, retaliation or harassment (so-called „NDA“ provisions). Even if your employer has not offered you severance pay, it may still be possible to negotiate a package on your behalf. This is especially true if you have a legal right, for example. B if you have suffered discrimination or retaliation or if you have been wrongly dismissed. When people lose their jobs, their main concern is usually the loss of income and benefits offered by the job. Many people are fortunate to be entitled to severance pay that can contribute to financial security in times of uncertainty. However, employers often have demanding professionals who design their termination agreements and they do not always offer employees the compensation they deserve.
If you have recently been fired or fired, it is in your best interest to discuss with a lawyer whether you are entitled to severance pay and what your severance pay negotiation should be.
