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4 December 2009
This article sets out the use of a compromise agreement from the
perspective of an employer and employee.
If you are an employer and have decided to let a member of staff
leave your organisation you must be very careful not to contravene any
employment laws relating to dismissal.
One way of alleviating any concern is to agree a compromise or a
'settlement' with your employee. Once agreed it is vital that you have this
arrangement expressly detailed in a contract - also known as a Compromise
This document will set out exactly what has been agreed. It will
also bar your former employee from taking any legal action against you in
relation to their dismissal.
If you are an employee and have been offered a sum of monies
before leaving your employment you will be asked to sign a compromise agreement.
This will set out what you are going to be paid and what rights you will be
forfeiting upon receipt of these monies.
As part of the legal process you will be asked by the Solicitor
for your employer to have the agreement checked by an independent Solicitor so
that you can be given advice on the suitability of the agreement.
It is vital that this is done as any issues between you and your
employer must be dealt with at this stage. It is important that the agreement is
not against your best interests and that you are getting what you deserve. In
most cases the employer will pay your legal fees.
Jody Tsigarides is a Solicitor who specialises in IP and
commercial law. firstname.lastname@example.org
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2009-12-08 18:09:09 in Legal Articles