Settlement agreement and retaining WW-benefits
When entering into a settlement agreement, how do you ensure retention of unemployment benefits? We explain in this article.
EMPLOYMENT CONTRACT
As an employee, a suspension or placement on non-active status can be unexpected and drastic. You are (temporarily) excluded from performing your work, often without knowing exactly what the reasons and consequences are. This raises many questions: what is an employer allowed to do in such a situation and what are your rights and obligations? In this blog, we explain what you should do under employment law if you are faced with this.
Although the terms are often used interchangeably, there is a legal difference:
In both cases, you remain entitled to salary in principle, unless there is serious culpability on your part, in which case you will be suspended.
If you are suspended or placed on suspension, it is important to take the following steps:
Ask the employer for a written confirmation of the suspension or suspension order. This document should make clear:
A verbal communication is insufficient and may cause ambiguity later.
Even though you may not perform your job, you still have an employment contract. This means that you must keep yourself available for work unless the employer indicates otherwise. Make sure you are available and keep in touch with your employer.
In most cases, you retain your right to salary during a suspension or suspension from work. Only if the suspension is the result of seriously culpable conduct (such as theft or fraud), can the employer decide to stop paying your wages. Check your paychecks and report any discrepancies immediately.
Try to stay in conversation with your employer to clarify the situation. Ask for an explanation and, if necessary, give your side of the story. This can help clear up any ambiguities and prevent escalation.
Need advice?
A suspension or suspension can have major consequences for your career and legal position. Therefore, get advice from an employment lawyer. We can legally assess the situation, check whether the employer is acting correctly, and help you protect your rights.
There are limits to what an employer may do when suspending or suspending an employee:
Depending on the outcome, the situation may be resolved and you can return to work, or it may lead to further steps, such as a settlement agreement or even dismissal. It is important to be legally prepared for each scenario.
Are you facing a suspension or being placed on non-active status? We understand how uncertain this can be and are ready to help you. Our team of employment lawyers offers tailored professional advice to ensure your rights are protected. Contact us for a no-obligation consultation.
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