(4) On or before the date of separation, the employer has entered into a consulting contract with the executive, the form of which is attached to Schedule A (the “advice contract”) and comes into effect from July 1, 2008. The employer`s entry into the consulting contract is expressly conditional on management signing an authorization in the form of paragraph 5 after the date of separation and not on revocation. The executive acknowledges and accepts that the employer`s conclusion in the advisory agreement with the executors and other companies in this agreement is not necessary by an employer policy, procedure or contract, nor by an applicable law, but only taking into account that agreement. A severance agreement is a legally enforceable agreement between you and your employer. You can negotiate it before or in case of exit. Once you have signed the contract, you will forego any chance of suing the employer in the future. Always use a lawyer to make sure you know what you`re getting. A lawyer may have a very different opinion about the agreement, your claims and your leverage during the negotiations. If a lawyer finds that you have a legal right to increase the amount of severance pay, it takes about ten (10) minutes to declare the agreement. If the lawyer finds that you have the right to assert rights, the time to conclude a severance pay may take between two and four weeks, depending on the circumstances. Above all, you have to remember that this is a transaction where you invest time and money, not emotions. There is a risk in any severance negotiation that you end up with what was originally proposed, but you will not know until you make a written claim for more severance pay.

Your investment in the lawyer`s time to verify and negotiate the agreement can have huge payments in the form of higher billing, much more than what you paid in legal fees. In another recent decision, the Tenth Circuit Court of Appeals (which includes Oklahoma, Kansas, New Mexico, Colorado, Wyoming and Utah, as well as parts of Yellowstone National Park, which extend as far as Montana and Idaho) cancelled publications signed by the plaintiffs after the employer failed to comply with the OWBPA requirements. In particular, the employer did not disclose the correct “decision unit” in the authorization agreements and did not list all the “eligibility factors” used to determine who is subject to the redundancy program. Again, the publications “did not meet the strict and unlimited requirements of the OWBPA” and therefore became legally ineffective. The persons or entities that give the release (the “release parties”) are also often broadly defined and include not only the employee, but also the heirs, representatives and agents of the worker. 11. The Executive undertakes to cooperate fully and appropriately with the employer on all business matters, claims, internal investigations (including internal investigations into potential management claims, investigations and/or investigations by the government or regulator, administrative costs and litigation related to the employer or its business interests). These include answering questions, providing information, attending meetings, filing funds, administrative procedures and lawsuits, as well as assisting the employer, its lawyer and any expert witnesses.