You have signed the settlement agreement, but in hindsight it doesn’t feel right. Perhaps you felt you had little choice, or the pressure from your employer was so great that you simply put your signature to it. The question that then arises is: can you still go back on it? The answer is: sometimes yes, but it depends on the circumstances and how quickly you act.
What do we mean by ‘signing under pressure’?
Pressure when signing a settlement agreement can take many forms. Sometimes it is subtle: an employer who repeatedly insists, suggests that you will otherwise be dismissed, or indicates that this is your ‘last chance’. In other cases the pressure is more direct and clearly unacceptable, for example through intimidation or the provision of incorrect information.
Legally speaking, it matters what form of pressure was involved. There is a difference between an employer who negotiates firmly with you and someone who misleads or threatens you. That distinction determines what options you have to challenge the agreement.
The cooling-off period: your first and simplest way out
Did you know that after signing a settlement agreement you always have fourteen days to reconsider? This applies to employees and is enshrined in law. Within that period you can revoke the agreement in writing without giving any reason. You do not need to prove anything and your employer cannot object to this.
Are you making good use of that cooling-off period? Then send a recorded letter or an email with a read receipt, so that you have proof you responded in time. Please note: if the cooling-off period is not stated in the agreement, you even have three weeks in which to reconsider your decision.
After the cooling-off period: what are your options?
Have you let the cooling-off period lapse? Then things become more difficult, but not impossible. In employment law there are legal grounds on which an agreement can be nullified. The most relevant are:
- Coercion or threats: if you were forced to sign due to serious threats, the agreement may be voidable.
- Fraud: did your employer deliberately provide you with incorrect information on which you based your decision?
- Abuse of circumstances: this applies when you were in a vulnerable position – such as illness, stress or financial hardship – and the employer deliberately took advantage of this.
- Mistake: you signed on the basis of an incorrect understanding of the facts, without this being your own fault.
Demonstrating one of these grounds requires evidence and legal substantiation. This is not always straightforward, but it is certainly not hopeless from the outset.
Plan een vrijblijvend gesprek en ontdek wat we voor je kunnen betekenen.
Plan een gesprekPractical steps if you have doubts
Are you in a situation where you have signed a settlement agreement and regret it? Then take action as quickly as possible. Every day counts, especially if the cooling-off period is still running.
- Check the date of signing and calculate whether you are still within the fourteen days.
- Gather all communications: emails, messages, letters – anything that demonstrates the pressure you were under.
- Write down for yourself what was said and when, so that you have a timeline.
- Contact an employment lawyer as soon as possible for an assessment of your situation.
- Revoke the agreement in writing if you are still within the cooling-off period, even if you are still awaiting legal advice.
What does signing not change?
Many employees believe that a signature on a settlement agreement is final and irreversible. In practice, this is more nuanced. Particularly where there are irregularities in the way the agreement came about, there are legal avenues to raise this. This can be done through the courts, but also by entering into discussions with the employer on the basis of legal arguments.
For more background information on your rights regarding a settlement agreement in a dispute, also consult the comprehensive guide at Settlement agreement in a dispute: your rights and approach.
Why Arbeidsjurist Eindhoven
At Arbeidsjurist Eindhoven we understand how distressing it is to be left with the feeling that you have signed something you did not truly want to sign. We help employees in Eindhoven and the Brabant region to get a clear picture of their situation and to explore which options are realistic.
Contact us without obligation. Together we will look at your agreement, the circumstances under which you signed it, and what is legally possible. Acting quickly is often the key.
Frequently asked questions
Can I always reverse a settlement agreement after signing?
Not always, but there are possibilities. Within the statutory cooling-off period of fourteen days you can always revoke without giving a reason. After that, you must be able to demonstrate a legal ground, such as coercion, fraud or abuse of circumstances.
What is the cooling-off period for a settlement agreement?
After signing, you as an employee have fourteen days to reconsider. If this is not stated in the agreement, a period of three weeks applies. Within that time you can notify in writing that you are going back on your decision.
What is abuse of circumstances in a settlement agreement?
Abuse of circumstances means that your employer knew you were in a vulnerable position – due to illness, financial problems or emotional stress – and deliberately took advantage of this to get you to sign. This may constitute grounds for nullifying the agreement.
Do I need to go to court if I want to challenge a settlement agreement?
That is not always necessary. Sometimes it is already effective to enter into discussions with your employer on the basis of legal arguments. If no solution is reached, going to court may be the next step. An employment lawyer can advise you on which approach offers the best prospects in your particular situation.
We are happy to think along with you. For advice tailored to your situation we would gladly sit down with you. No rights can be derived from the content of this page and it may contain inaccuracies.
