What if I do not agree to a settlement agreement?
Do you disagree with your settlement agreement and want to negotiate your settlement agreement. Negotiating your own mutual agreement dismissal is not easy and very emotional. The tips below will give you a direction on what to look out for to achieve a higher termination compensation in a mutual agreement dismissal.
-
Be calm and patient.
It is extremely important that you do not immediately deposit a counter-proposal with the employer the same or the next day. The employer will then think you want to finalise it quickly and with that, he will always try to keep the compensation low. Let the employer wait (but again, not too long), when he contacts you then you know that the employer is keen to end it.
-
Don't be pressured during settlement agreement negotiations
An employer pressuring you to sign a proposal as soon as possible gives you information that he is eager and quick to terminate the employment contract. Make sure you do not agree to a proposal the employer is eager to sign, you should agree to a settlement agreement what the employer with reluctance wants to sign.
-
Don't bet too high on a counter-proposal.
Do not come up with a proposal that is unreasonably high that you insult the employer, this will only make the employer not want to negotiate anymore and take the settlement agreement off the table. Then, when you yourself come back over a settlement agreement starts then you indicate you would like to leave. This will ultimately (most likely) lower the result than if you had made a reasonable (lower) offer.
-
Be aware of the risks and consequences.
Be aware of the risk if no agreement is reached, what then? You need to have this clearly in mind because then you know what a follow-up process involves and what the possible costs are. But be especially aware of the emotional side if no agreement is reached, if proceedings are started or if you have to remain employed (this can be a high threshold for many people).
-
Like to stay employed.
Be firm in your argument that you would like to remain employed. However difficult this may sometimes be, it is important to keep repeating it. If you make a counter-proposal towards the employer saying "I would like to leave", you can be sure that the employer will not agree to your counter-proposal.
-
Walking away from negotiating your settlement agreement.
Dare to walk away from the negotiation, if you do not dare to blow a proposal you may get stuck in the negotiation. By walking away, you are giving information to the employer that you don't mind staying employed. This result often in higher compensation.
Have you received a settlement agreement and would like to have it checked that everything is correct? Would you like to hire someone to help you negotiate? Please contact us via WhatsApp, call 085 080 5482, send a email or upload your settlement agreement here; our employment lawyer will be happy to talk to you and provide answers to all your questions. More information on negotiating the settlement agreement can be found here.