Confidentiality clauses are common in transaction agreements. They generally mean that the parties promise not to make prejudicial statements about each other. This would prevent you from making damaging comments in the press or on social media about your employer, even if you are telling the truth. It could also prevent you from reporting abuse as whistleblowers. Your lawyer should explain the consequences carefully. A transaction agreement may include a commitment from your employer to give an indication of you if he is asked to do so. The text and form of the reference can also be agreed with the transaction agreement – sometimes as an appendix to the agreement itself. The transaction contract is a legal contract between you and your employer – you both have to comply. Your employer may want you to have the confidentiality of the agreement. In most cases, no. If you signed a valid transaction agreement with a confidentiality clause, this would generally be enough to prevent you from making a story available to the media.
It is possible (and probably) that your former employer could sue you for breach of contract and significant damage if you do. Waiver: Your employer wants to make sure that the agreement prevents you from asserting your rights against your employer. The agreement generally defines rights that are waived (i.e. termination and/or infringement). Anyway, there will often be a huge list of statutes that you agree to waive any claim right. That’s the way it goes. However, your employer cannot force you to waive your right to claim personal injury that you did not know at the time the contract was signed. Nor can you waive your right to acquired pension rights or enforce the actual terms of the agreement. However, as noted above, a transaction agreement cannot prevent you from reporting violations to the police, from reporting them to a competent authority (for example. B a regulator) or report anything that had not been done at the time of signing the transaction contract, for example. B if you stayed with your employer and the harassment continued.
It doesn`t matter if most of the claims mentioned don`t apply to you. The important point to understand is that you must not assert rights against your employer once the contract has been signed. Your employer usually pays for you for independent legal advice. If you sign a transaction contract without first seeking independent legal advice, you can still go to an employment tribunal. In simple terms, yes, as long as you think sexual harassment can be a crime (for example, an attack). Any clause in a transaction contract or NOA that says it cannot disclose sexual harassment to report a crime to the police will not apply. If you have made a transaction during a trial and the court has put your right on hold for a specified period of time (“stays”), the court may request that your claim be resuscitated if your employer does not fulfill its part of the agreement within that time. Employers offer a transaction contract if they wish to terminate a contract with mutually agreed terms. This is how there is a clean break without the ability for you to take them to court or a court for more money.
If a transaction contract is submitted to you that prohibits you from doing so, such clauses should be removed. Even if you signed an agreement with the remaining clauses, the confidentiality rules would simply be unenforceable. There may also be clauses that prevent you from making derogatory comments about your employer. These can be amended to be reciprocal clauses that prevent your employer from denigrating you. There are parts of the settlement agreement that I don`t understand or can`t respect – is that important? A transaction contract could involve your employer, who promises to pay you a sum of money, no longer illegitimate you or treat both.