Legal Advice and Guidance From Employees
If your employment is being terminated, your employer may send you a settlement agreement, which you can either decide to agree or negotiate the terms. Branch Austin can offer independent legal advice which is necessary in order for your settlement agreement to be binding.
Branch Austin can help you to decide how best to proceed and whether the settlement agreement is in your best interests.
A settlement agreement is a legally binding contract where an employer and employee agree the terms upon which the employment relationship is brought to an end and may include the resolution of any current or potential court claims. The employee will often be given a payment in return for surrendering their rights to bring an employment rights claim against their employer.
In order for the settlement agreement to be legally binding, an employee must seek independent legal advice. In most cases, the employer will make a contribution to some or all of your legal fees. At Branch Austin, our solicitors specialise in helping employees understand the terms of their settlement agreements and obtain the best outcome, with an efficient and personal service. We often to work to very tight deadlines and we always aim to keep the entire process as amicable and stress-free as possible.
We have acted for employees in a variety of industries and against well -known companies. Our clients include employees at all levels from administrative staff and young professionals to junior management or directors of listed companies.
No, you have the right to negotiate terms with your employer. Branch Austin will discuss the terms of the draft agreement with you to ensure it is in your best interests and to secure the best terms for you.
As the settlement agreement is voluntary, if you do accept its terms, you do not have to sign it. This means you would remain employed by your employer, unless they use an alternative method to terminate your employment, such as a disciplinary process.
Branch Austin will help you to understand the terms of the settlement agreement and assess whether it is reasonable for you to sign the same. We will ensure that you do not lose your entitlement to salary, holiday or other contractual benefits, such as health insurance or stock options.
Independent legal advice in relation to your settlement agreement is a legal requirement. Your agreement must be reviewed and signed by a qualified solicitor in order to be legally binding on your employer. Branch Austin will confirm to your employer’s solicitor that they have reviewed the agreement and advised you in relation to its terms.
At Branch Austin, we will advise you on your employment rights and help you to decide whether or not the proposed settlement agreement is in your best interests