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Unfortunately I must tell you that by changing the terms of the agreement, you are revoking the original agreement and making a new agreement with the employee. Accordingly, if you want to free of fear of of being sued for discrimination or wrongful termination, you need to allow an additional 7 day period under the OWBPA.
Thank you. that is what I need to know.
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Yes, please. So we had email communications in which we agreed upon the changes. She was coming in today to sign the amendment and collect the check. I am now letting her know that I cannot provide the check until after 7 days from the signing of the ammendment. Is it still an option to NOT go with the email-agreed-upon amendments and go back to the original signed document and still pay her today under the original terms? Or does the email communications negate the original?
It depends on the exact language of the agreement. To have a valid agreement there must be a promise, supported by consideration, prior to revocation.
So if this person signed prior to you revoking it, i.e. you received it, had it, then offered more, you can do this. However, if they signed, then you revoked, then you recieved it, then you cannot.
Does that make sense?
no sorry. . please be clear on when you say 'signed' are you talking about the original severance agreement or the emails?
Please advise when I can come by the office. Thanks From my HTC Amaze 4G on T-Mobile. The first nationwide 4G network
Wendy, Final offer states $4200, grossed up and tri city will pay for cobra health insurance coverage for October 2013, in which I will accept. I will give a call Monday 9/30 after 10am, to set a time when I can swing by and pick up the checks and sign revised agreement. Claudia Nelson From my HTC Amaze 4G on T-Mobile. The first nationwide 4G network
Wendy, From the advice of my lawyer, I am encouraged to try and renegotiate with you, first. My lawyer has stated that Tri-City has violated 7 CA labor laws codes of conduct. Please consider this counter offer. I need a written answer by noon, Friday 9/27I am asking for 6 mths severance pay grossed up $15,000 ( fifteen thousand dollars) and for my health insurance to be paid by Tri-City for 18 mths considering my health condition and the extreme emotional stress that has been caused by terminating me. If these changes are acceptable, please revise the release agreement. Then I will not resind the release agreement and we can put this behind, and move on. Sincerely,Claudia NelsonFrom my HTC Amaze 4G on T-Mobile. The first nationwide 4G network
I was talking about the original severance agreement. The employee may revoke the agreement up to 7 days following the execution of the agreement. Because the agreement is not effective or enforceable until the revocation period expires, the employee must have provided language specifically referencing revocation. Because the email states "counter offer" a counter offer is more than a mere inquiry and is considered to be a revocation.
Okay, and as you can see by her cheesy threat, she is one I need to be careful of. It appears that I need to type up an amendment and have her sign it then wait until the 8th day to pay. Any advice for the verbiage on the amendment? I have paid for a form document which will reference back to the original. Anything else?
Just make sure that you have a release in full of all claims within the severance. As for referencing back to the original, you may just want to consider putting everything in one document so that there is no confusion. When you start referencing to other documents, there sometimes arises the argument that each party believe the reference was to something it was not. To avoid the unnecessary stress, you should consider making sure the release in full of all claims is in the same document as the consideration being offered (the payment to her)
Section B here has some useful language
The most important language being here:
Therefore, it is agreed and understood that this Release is a compromise of any and all potentially disputed claims, and that this Release is not an admission of li
Also, I should mention I am assuming that you got the form that specifically referenced age discrimination.
If not, you will want to specifically refer to the ADEA, and specifically advise her to consult with her attorney before signing the release, and not require her to waive any rights or claims arising after the date of the signature of the release
Thank you, Brandon. I think I got it. You are suggesting an entirely new agreement. I believe I have all the things covered you mentioned. You have been very helpful. I will give a good reivew :)
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