The Snake Keeper Blog

Carey`s case is instructive because it shows employers what needs not be done to get an employee fired. On the contrary, employers should keep in mind the following when proposing a separation agreement to each worker. If you find yourself in a situation where your employment contract is terminated, you will find that the process is quite opaque and certainly different from what you expected in your home country, because in many cases severance pay can be difficult in Spain. Below you will find some information on the steps and situations to avoid – but, as in all cases of legal doubt, it is always best to consult an English language working lawyer in Spain, so that you can be sure that your rights are protected. Carey felt pressured to sign the agreement because the vice-president watched it during the review of the document. Similarly, the agreement contained language with respect to New Jersey Law Against Discrimination and other employment laws, but Carey did not understand the agreement. Without consulting a lawyer and because he felt pressure, Carey signed the release at that meeting. Keep the separation agreement short (2-4 pages) and easy to read, with legal limits. The agreement should indicate that the employee has been given a reasonable period of time to review the agreement and that he or she has been invited to consult with counsel. To indicate whether and to what extent the worker was allowed to negotiate the terms of the agreement. All of these findings weighed On Carey`s assertion that he had not knowingly and voluntarily signed the separation contract. Accordingly, the Court of Appeal set aside the decision of the first instance.

In particular, the New Jersey Court of Appeals stated that it must consider whether Carey`s enforcement of the agreement was knowledge and voluntary. In making this decision, the court indicated that it was considering “all of the circumstances,” including many factors such as Carey`s level of education and business experience, the time he was given to verify the agreement, whether Carey had a say in the terms of the agreement, the clarity and intelligibility of the agreement, whether Carey was encouraged to consult a lawyer and whether he did consult a lawyer.