SEPARATION AGREEMENT AND RELEASE REVIEW
I have looked at the agreement, I have noted the following;
1. Letter dated 16 th November and Section 2 of the agreement (last day of employment):
There is a lack of proper notice as stipulated under law and the contract of employment
between the employer and the employee. In view of this, the employee deserves payment
in lieu of notice as per the employee’s regular salary.
2. Section 3(a): If you are agreeing to the agreement, it means that you shall not have any
claims as against the company for anything. Take note that once you return a signed copy
of the agreement it means that you are agreeing to let each and every complaint that you
might have as against the hospital/company go.
3. Section 3(b): The employee’s rights and privileges under law should be protected
regardless of the severance of the employment relationship between the parties. They
should not be completely waived and disregarded.
The employee agrees to release claims for compensation, bonuses, commissions, lost
wages or sick pay (which shall be addressed by the benefits accrued to him under Section
1, however, the employee shall not release his right to claims regarding unfair/unjust and
discriminatory treatment as stipulated under the various employment laws.
4. Section 4(b): Where the employee undertakes to file a charge, lawsuit or civil complaint
against the employer, the employee should only be expected to pay attorneys’ fees and
other costs incurred by the employer in responding to the action to a reasonable degree,
and in accordance with orders and directions given by the court of law.
5. Section 4(c): The employee agrees to refrain from engaging in activities and making
statements that criticize or disparage the employer only to the extent that is consistent
with the employee’s rights and freedoms of expression protected under national and
international law.
6. Clause 5 and 6 seem okay to me as it is mostly boilerplate clauses to any agreement.
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