Separation Agreement

[mstred336]

What is the name of your state? North Carolina

Got laid off yesterday. In the separation agreement it says the company will provide me with 3 months medical and dental insurance from the date of the agreement at the employee contribution rate.

They also told me that I had to sign the agreement before I left work (which I did not do) or my dental insurance would become ineffective as of that afternoon.

Then later on in the agreement, it says employee has carefully read and understands agreement, has had opportunity to discuss all aspects with an attorney of his own choosing if desired.

How can I have an attorney look at it and sign it before I leave work without risk of losing my dental insurance??

What I need to know is if they are bound to continue my dental insurance? Nowhere in the agreement does it say that my dental insurance would be dis-continued if I didn't sign the agreement before I left work. That was told to me by the HR man.

 

[cbg]

There is a reason I am asking this question which directly relates to the answer to your question.

How old are you?

 

[mstred336]

51 will be 52 April 22

 

[cbg]

Then under the law they are REQUIRED to give you no less than 21 days to sign the agreement; they CANNOT insist that you sign at once. I am not an attorney but I have considerable experience with these agreements and to the best of my knowledge, their failure to give you the mandatory time required by the ADEA makes the agreement invalid.

Take your copy of the agreement, signed or unsigned, to a local attorney IMMEDIATELY.

 

[pattytx]

Try to have a Happy Birthday!

 

[rhh]

did age matter?

 

[cbg]

Yes, the age mattered. If the poster had been under 40 then the requirement to give him 21 days to be reviewed by an attorney does not exist, and they CAN legally require him to sign at once.

 

[mstred336]

Thanks for the help.