Jan Negotiate's Success Story. How Tenacity and Legal Advice Led to a Favourable Settlement Agreement
In the summer of 2024, Jan Onderhandel, a dedicated employee at employer B.V., found himself in a difficult situation. His employer felt that his performance was below par, although no official record had ever been built up to support this. Eventually, Employer proposed to terminate the employment with a transition allowance. What followed was an intensive negotiation period that ultimately turned out in Jan's favour, thanks in part to legal advice from LegalWorx.
The first draft settlement agreement
When Employer made the first offer, which was only the statutory transitional compensation, Jan felt this was unfair. Given the lack of an official file and his years of commitment, he decided not to accept the offer and immediately engaged a LegalWorx lawyer for advice and help with negotiations. The lawyer stressed the importance of a strategic approach and suggested negotiating for higher compensation.
Legal Advice
The lawyer advised Jan to remain firm and not accept the employer's first offer. After the "first" round of negotiations, the employer eventually offered 1.5 times the statutory transitional compensation, but this too was considered insufficient by Jan and his lawyer. After all, the employer did not have any file to support its arguments
The settlement agreement negotiations
With renewed determination, Jan went into the negotiations with his LegalWorx lawyer. Jan's lawyer made it clear that he would not agree to less than twice the statutory transitional compensation. At one point during the negotiations, Jan, on LegalWorx's advice, stated that he would remain employed if the employer did not meet his demands, and walked away from the "negotiation table."
The Breakthrough
Within five days, Employer came back to the negotiating table with a renewed proposal. They finally agreed to Jan's final demands: compensation of twice the statutory transitional compensation. As a new month had now started, the end date of the employment was shifted by one month. This meant Jan would receive an extra month's salary.
The Result
Jan had found a new job within 3 months before the agreed termination date, which further improved his financial situation. In fact, the settlement agreement also contained a clause entitling him to the compensation in case of earlier termination and that the remaining months were paid for 100%. Thus, on top of the generous termination payment, Jan Onderhandel also received 3 months' salary as additional compensation. In addition, the employer also paid all legal costs which meant that Jan himself did not have to pay anything to LegalWorx.
Conclusion
This situation shows how important it is for employees to know their rights and seek expert legal advice from the very beginning. An employee's tenacity and his lawyer's strategic advice led to a much more favourable settlement than was initially offered. This story highlights that determination and a good negotiation strategy, supported by legal advice, can lead to a much better outcome for the employee.
For anyone in a similar situation, it is essential to seek legal advice and consider all possible outcomes. Determination and expert advice can make the difference between a mediocre settlement and an excellent one.
The above case study is based on an actual case. The names are fictitious.