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.
SETTLEMENT AGREEMENT
Burnout is an intense and drastic experience, both for the employee and the employer. It frequently involves not only a state of physical exhaustion, but also mental overload. In many cases, a situation arises in which employment can no longer be continued. A settlement agreement can then offer a good solution. In this blog, we explain what this means and what to look out for, specifically in the case of burnout.
A settlement agreement is a written agreement between employee and employer agreeing to terminate the employment. This is done by mutual agreement, which means that both parties agree to the terms. With burnout, this can come into play, for example, when reintegration fails or when the working relationship is irreparably damaged.
Burnout falls under the heading of illness, which means the employer is obliged to continue paying wages during the first two years of illness. The employer must also work with you on reintegration, possibly with the support of a company doctor. This makes terminating a contract during this period legally complex. After all, it may not happen just like that. However, a settlement agreement offers a legal route, provided it meets a number of strict requirements.
With burnout, it is crucial to proceed carefully when discussing a settlement agreement. Pay attention to the following points:
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With a settlement agreement, you are entitled to a transitional allowance. This is compensation for the loss of your job. With a burnout, this compensation can be especially important, as you may need time to recover and return to full employment. Always have an expert assess the amount of compensation so that you get what you are entitled to.
With burnout, reintegration is often a challenge. It may happen that you return to your own employer via the first track reintegration or seek a new position with another employer via the second track. When this fails, a settlement agreement may be a way out. Discuss your situation with the company doctor, but also with a legal expert. They can help you assess whether termination of employment is a logical step.
Burnout is stressful enough without having to worry about the legal aspects as well. Our team of employment lawyers is ready to guide you through the process of reviewing and negotiating a settlement agreement. We make sure your rights and future are well safeguarded so you can work on your recovery with peace of mind.
Want to know more or have questions about your situation? Please contact us, we are here to help.
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