Similarly, a non-compete clause doesn`t seem like a big thing, but it can significantly limit your ability to make a living after leaving the employer. Competition bans may be enforceable with the correct language under Florida law. If your employer insists on a non-compete clause as a precondition for severance pay, you may want to consider negotiating a certain time frame and geographical coverage. Florida law generally requires that competition and non-debauchery agreements be tightly tailored, not too much within geographic scope, and in general, for two years (or less) often, the employer will tie the offer of severance pay to the worker`s obligation to sign a separation agreement involving general authorization in favor of the employer. If such a separation agreement is offered to workers over the age of 40, the agreement must contain certain advertisements provided for in the older Workers Benefits Protection Act (OWBPA). For an exemption under the OWBPA to be valid with respect to the right to age discrimination, the agreement must let the worker know that he or she must consult a lawyer, that the employee has a certain period of time (usually 21 or 45 days) to verify that the employee can revoke (or terminate) the agreement within seven days, and that the employee has always filed a complaint of discrimination. may be applied to the U.S. Equal Employment Opportunity Commission (but cannot claim damages). Beyond the release of rights, many Florida employers are looking for additional things from former employees like privacy and competition bans. Confidentiality rules range from a general agreement not to disclose „proprietary“ information to non-public disclosure of information about your employment or the company. Since employees are only required to receive severance pay under an agreement between the employer and the worker, it is important that this agreement also includes the benefits received by the employer in exchange for the payment of severance pay to the worker.
Our Fort Lauderdale law firm provides officers, officers and employees with competent advice and representation in the area of severance pay contracts, severance packages and severance pay negotiations, whether on the basis of layoffs, mergers and acquisitions or terminations. . . .