If you would like an experienced lawyer to review your employee separation agreement, contact Fagan McManus, P.C. Based in Royal Oak, our lawyers audit and negotiate severance agreements for employees in Michigan and the Detroit metropolitan area. If you are over 40, the Protection of Older Workers Act applies to your sever contract. This means that you have at least 21 days to review an employee separation agreement and seven days to cancel the acceptance of an agreement. With respect to other federal legal conditions for negotiating and implementing severance agreements to avoid possible federal claims of discrimination on the basis of race, sex, age or disability. Many employers regularly pay severance pay in exchange for unlocking the rights under a separation agreement. The common question is whether a former employee can dive double. In other words, can this former worker receive unemployment benefits while receiving severance pay? The answer may be a business – a “maybe” that can be influenced by the way the separation agreement addresses this problem. Lawyer Raymond J. Sterling understands that employees are confused and under considerable pressure to decide whether the acceptance of severance pay is in their own interest and in the best interests of their families, both now and in the future. Even if they sign, many do not understand what happened, or may feel that something has gone wrong. It is important to discuss your options with our lawyers. Here are some examples of the problems and problems we can address: the Michigan Employment Security Act says that severance pay is “compensation.” This means that obtaining the funds must be used to determine whether the worker is an “unemployed” person.

If the worker is not “unemployed”, the worker, as long as it is the Employment Agency, is not entitled to unemployment benefit. However, see Hull/Welex, Inc., 02-7735, 2002 US Dist LEXIS 24772 (ED Pa 30 Dec. 2002) (Plaintiff was unable to demonstrate a number of facts supporting the allegation that the termination agreement was not binding; although the defendant did not strictly respect the agreement, it essentially kept its two promises under the agreement, making 27 weeks of salary and health care available to the applicant). It is absolutely necessary to contact a lawyer before signing or accepting a compensation agreement. The rights you give up can be much more damaging than the short-term financial benefits you will get from a package of severance pay. Contact Carla D. Aikens` law firm to arrange advice and allow our experienced lawyers to verify and analyze your unique circumstances of dismissal or dismissal. At the end of this period, there should be a waiver or loss of the right to claim possession of property not disposed of in accordance with the compensation agreement. After the separation, the employee will want an audit and will merit payment being made as agreed.