The employer is responsible for drafting the compromise agreement. S/He is usually offering the agreement to an employee with the aim of freeing himself or herself from any form of claim that the employee could file for in the future. As an employee, you could opt to just wait until you receive the offer. After receiving the document, it is your right to agree or disagree with any specific provision in the agreement. You should not accept just about any provision and terms the employer offers. Together with your employment solicitor, you could negotiate for any alteration or improvement in any or all of the terms or provisions provided in the settlement.
Before any negotiation, you may take numerous advice and guidance from your employment solicitor. The advice may be carried over the telephone or any other reliable media for your convenience. You could prefer to personally drop by the solicitor’s office or schedule for an appointment in any designated place of your choice. It is the solicitor’s job to get all the necessary and relevant information about the employment and the compromise agreement. From there, all aspects for negotiations could be identified and pursued.
A compromise agreement is offered by the employer because the company may have a perception that the employee could file a claim in the future. The compromise agreement is also offered because the employer aims to attach specific conditions to the employment termination. Perhaps, the employer wants the employee to avoid getting a similar job post in a competing business. There could also be trade secrets and other sensitive business information that must not spill to others, especially to competitors. Thus, the employee should remember that he has enough leverage and edge when aiming to negotiate for an improved and better compromise agreement.
For any compromise agreement to be valid, the employee must be guided and advised appropriately by an employment solicitor. It is the employer’s responsibility to pay for the third-party or independent solicitor of employee’s choice. You do not need to include such provisions in the negotiation. Remember, it is the employer who badly needs you to sign the compromise agreement because he would stand to gain more from doing so. Negotiate for much better terms. Consider all aspects: financial, social, professional, emotional, and physical.
Do you intend to get another good job after the termination of the employment? You could use the compromise agreement to negotiate for one. You could ask for a professional counseling, re-deployment, and retraining. The employer could easily make this a part of the agreement. In this way, you could attend trainings and other educational pursuits without worrying too much about the costs. The employer, through the power of the compromise agreement, may willingly pay for such. That is if you could seek and get better agreement terms from a sound negotiation.
To get a better hand in the negotiation process, hire the best and most reliable employment solicitor. You need to make sure you would get the best out of the settlement.