I am being offered a severance package. My employer is offering a salary continuance with bi-weekly payments or a lump sum at 75%. I want the lump sum but do not agree to the reduced amount nor do i agree with whats being offered all together. I raised this with HR and they pulled out an employee agreement that was signed over a year after i started my career with them that states i would be entitled to 2 weeks per year of employment. What are my chances to negotiate a higher amoumt?

Hello,

Many employees have at one point or another signed an employment agreement that attempts to limit their severance entitlements. In our experience, many of those limiting clauses are unenforceable, either because, as here, they were signed after the employee started employment or because the clause is drafted in such a way that it is unenforceable.

I recommend that you speak to one of us at Samfiru Tumarkin so that we may review your employment contract and the circumstances surrounding its signing and advise you if you are entitled to more severance than what your employer is offering you.

Regards,

Lluc Cerda
Lawyer