Termination of employment - mutually agreed upon. Who needs to initiate the letter and what are consequences?

Asked over 2 years ago - Chicago, IL

I recently discussed termination of employment with supervisor and we mutually agreed to terminate at-will relationship.

Is there any guidance on who needs to initiate the letter and what should the letter state (or NOT state) so that there are no consequences to the employees (for further employment), but also no negative consequences for employer? Are there any template forms?

Attorney answers (2)

  1. Adam J. Lysinski

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . A good place to start is to figure out what are you gaining and what are you giving up by entering into an agreement. If there is no gain for you, do not sing anything giving up your right. Signing a covenant not to compete can land you in court at a later time. My experience is that if the employer is willing to offer you something, you will receive a proposed agreement for review. Good Luck.

  2. Michael S. Haber

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Typically among the issues that arise after employment ends are whether there is any severance package, whether any monies are due the employee, whether the employee will be eligible for unemployment insurance, and what sort of reference the employer will give the employee. If there was a non-compete agreement in effect, that, of course, can generate additional issues.

    There is no requirement that there be any letter (or any agreement) at all, but it's not a bad idea to have one.

    Good luck to you.

    Michael S. Haber is a New York attorney. As such, his responses to posted inquiries, such as the one above, are... more

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