Separation and Severance
When a person’s employment ends, there is a possibility for dissatisfaction on the part of either the employee, the employer, or both. Although Colorado is a “right-to-work” state, both state and federal laws protect certain employee rights in the event of an adverse action such as termination. Employers must compensate a separated employee for work performed and employees must return any of their employers’ property in their possession.
In some circumstances, separation agreements describe the parties’ rights and responsibilities when an employee departs, but—as with any contract—the terms of such an agreement might come under dispute. Employers might choose to offer additional compensation or benefits to departing employees and might ask for concessions in return, such as reaffirming commitments not to disclose information or not to work for competitors, or releasing legal claims against the employers.
Either employers or employees might wonder if there has been a violation of rights granted by legislation or by contract. If you find yourself considering these issues, please contact us.