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What should I be sure to ask for in a separation agreement…

Hi there, what should...

Hi there, what should I be sure to ask for in a separation agreement with my school district?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Il

Lawyer's Assistant: What steps have you taken so far?

None towards the separation agreement

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

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Answered in 3 minutes by:
3/26/2018
Infolawyer
Infolawyer, Lawyer
Category: Family Law
Satisfied Customers: 63,719
Experience: Experienced lawyer
Verified

Hello and welcome. I am working on your answer and will be right back!

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has the employer issued a proposed agreement for you to review yet? They are normally standard, which the variable being the amount of severance, and whether you seek positive reference, no defamation, confidentiality,

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Customer reply replied 4 months ago
no they havent my union rep says that we will offer first. I thought this was going to an education lawyer not family lawyer? not sure how that happened.

I can answer both. what more can I explain or add? This is primarily an employment issue.

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Customer reply replied 4 months ago
i thought there might be more things to ask for or include, sick days/personal days/
other things?

accrued days and benefits would be paid. That is standard, but you would not ask, unless omitted from their separation agreement. It should not be omitted as a standard to include

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Customer reply replied 4 months ago
ok, so nothing else important that I am missing? Is there anything I need to look out for, anything they commonly try to do or out in there to would make it not good or safe for me? Is there any downfall to not agreeing to their terms and sticking to what I need?

The key is waiting for the proposed agreement, and then ensuring it includes all earned benefits, and the severance is fair.

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Customer reply replied 4 months ago
should "severance" just be the rest of my salary for this year? is there anything tricky to watch for?

That is negotiable. Severance varies, but getting it for the balance of the year would be reasonable.

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If my replies are acceptable, kindly respond 'acceptable"

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Customer reply replied 4 months ago
If I am doing the separation agreement, or beginning it now, to what date or at what time should I request my salary and insurance Continue through

Normally, the employer offers this first, and you want to wait on their offer and not negotiate against yourself.

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2 weeks per year of employ is reasonable.

Kindly rate my various replies 5 stars.

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Customer reply replied 4 months ago
Sorry, I didn't think I was supposed to do that until the end. What do you mean by: 2 weeks per year of employ is reasonable.
Customer reply replied 4 months ago
if i click submit on your rating does that end our chat?

say you were with them for 10 years, severance of 20 weeks.

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It doesnt end it, you could follow up.

Infolawyer
Infolawyer, Lawyer
Category: Family Law
Satisfied Customers: 63,719
Experience: Experienced lawyer
Verified
Infolawyer and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
Do you think that I need to hire an attorney to negotiate my agreement ?
Customer reply replied 4 months ago
I do not have much money but I do not necessarily trust my union rep
It would be recommended having counsel who can work on a commission basis.martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.
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Customer reply replied 4 months ago
Being as though you said it was a pretty standard agreement do you not think I could get by with the Illinois union rep who is a lawyer. Even though I don’t completely trust her I feel like I could know what my bot***** *****ne was. If I’m not happy with the work she was doing am I able to stop the process and then hire someone? Is there a downfall to doing that?
Customer reply replied 4 months ago
Thanks by the way
Very welcome. You can gauge what union lawyer will do. Some will work hard so have the conversation to determine and perhaps interview a local lawyer or two to compare approaches and expectations.
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Customer reply replied 4 months ago
I have talked to both. The union rep said that we should go in with the offer first I’m going to tell her I haven been advised to have them offer first since they’re the ones that suggested the separation agreement. Other than that I’m just not really sure if it’s something that I need to spend the money on or not. Retainer fee is pretty expensive ...
I cannot say if a lawyer will succeed in securing a better deal.
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Customer reply replied 4 months ago
Can I start with the union rep and if I’m not happy with her progress hire a lawyer and proceed from there
Customer reply replied 4 months ago
I am on fmla leave now. When i ask to get pd out for my sick days, can I only ask or would I only get paid out for the days I have remaining, or can I ask for the days that I had remaining when all of this mess started before my fmla leave started?
You can ask for all accrued days.Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!
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Customer reply replied 4 months ago
It says I already rated you. Am I able to do it again?
Jenn
On my page I am not seeing a rating. You should be able to select 5 stars or can reply “5 stars”
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Customer reply replied 4 months ago
It says at the top you rated 5 stars and they are all green.
Customer reply replied 4 months ago
5 stars rating- thanks
Customer reply replied 4 months ago
are you all set with that you need?
Thank you.
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Customer reply replied 4 months ago
Ok
Customer reply replied 4 months ago
I am attaching a picture of their initial offer. In my thoughts and thinking right now on family medical leave I am guaranteed my pay and my insurance until August so their $40,000 to resign now is basically covering my pay and what I would have to pay for cobra insurance. So the $40,000 is basically offering me what I am owed if I stay on leave and don’t resign till the end of the year. So basically that offer it’s only giving me what I’m going to get anyway. Going by what you had told me about the severance two weeks for every year that you worked that would be 20 weeks of severance. I feel like I am owed on top of all of that 55,000 or so as a severance considering I’m not going to get pd what I am making now at another job because they’re not going to start me at step 15 if I’m lucky a job will start me at step 10 and I won’t be getting $93,000 salary which I have now. What are your thoughts?
I would look to settle. Litigation can be expensive and outcomes not guaranteed.
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Customer reply replied 4 months ago
OK, can you be a little more specific please regarding the information I sent to you ? what do you think about what they and I am asking
Their offer is fair. I would not risk losing it. If you can get another month or two obviously better.
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