Paid small "severance" after termination. What are my legal obligations?

[Canu4]

Hi there,

Thank you for this forum. I have just spent half an hour reading threads just because it is interesting! But I found my way here to hopefully just confirm my thoughts on a concern that I have recently developed.

I was terminated in my second year of permanent employment, no reason given although they knew I was looking to move on. Received notice and paid garden leave. But I was also given a small extra amount (a round number, a bit over a week's salary) described as severance. I did not sign anything, but I did receive a letter during my notice period stating it was "as agreed".

In person, while explaining the termination I am sure they mentioned a payment. I am foggy because of the emotional nature of the situation, but I remember thinking at the time not to agree to anything like that as I had no idea of rights etc.. So I do not think I verbally agreed to anything, but I am not 100%.

I have not given much thought to this while going on with my life. Some time after, someone asked me what it was like to work at the company; my answer was negative (and why I wanted to move on) but honest, not breaking any confidentiality, and so I assumed legal.

But recently I started to worry whether that few quid labelled severance means I should have just said "sorry, can't talk about it". From what I have read it seems there needs to be a settlement agreement signed by me and also I have to have had legal representation to look it over.

Is that right, or can this come back on me? And what are the consequences if it can come back? If it is just forfeit of the payment then I will not worry as it was peanuts.

Sorry for the length of post for what I *think* is simple and I am correct about, but I am paranoid now and it just seems odd what they did if there is no benefit. They are incredibly tight with money which makes me wonder if they thought they were getting something in return.

Regards.

[ULA]

Re: Paid small "severance" after termination. What are my legal obligations?

Hi [MENTION=105083]Canu4[/MENTION]. From what you have said it does not sound like the terms of you leaving including the "severance payment were bound by a Settlement Agreement for which yes you would have been advised to take independent legal advise and for which the company would have had to contribute a sum towards the costs. Most Settlement Agreements do have some form of confidentiality clause but focused on the terms of the agreement being made not being disclosed together with binding you to any confidentiality clauses from your contract of employment that may extend beyond the end of your employment.

However if you did not sign a Settlement Agreement then you are only bound by any clauses in your contract of employment that relate to confidentiality beyond the end of your employment.

How long is it since you left and the conversation with person who asked about the company? As a consequence of what you said did they decline an offer of employment and if so what reason did they give?

[Canu4]

Re: Paid small "severance" after termination. What are my legal obligations?

Hi Ula,

Just to clarify a couple of things in case they are important:

-When I say I do not think I agreed to anything but I am not 100%, I am referring to accepting money. I definitely did not explicitly agree to take or refrain from taking any course of action. And they did not ask for anything. There is definitely no explicit settlement agreement, written or verbal. I know little about the law and I have just become paranoid that accepting a payment could be some implicit acceptance of keeping my mouth shut.

-When I say I did not break confidentiality, I just mean I adhered to the contract of employment in that I did not disclose anything confidential about the company or its clients.

-My worry is not related to any subsequent employment or interview. I am in a new position. But around six months after departure I had a conversation with someone, somewhat randomly. (Who is not connected to past or present employer.) But thinking about it afterwards, you do not know who someone might be acquainted with such that my comments get back, and I was just worried about that eventuality.


Many thanks for your advice. Bit silly of me to have given an opinion really but from what you say I am almost certainly worrying over nothing though, right?

[ULA]

Re: Paid small "severance" after termination. What are my legal obligations?

If your ex-employer gave you an additional severance payment over and above what you were entitled to and did not do so as part of a signed Settlement Agreement then that is their decision.

If the conversation took place six months after you left, it was based on your honest opinion as to why you left, no confidential information was disclosed then I do not think that you have anything to worry about.

[Canu4]

Re: Paid small "severance" after termination. What are my legal obligations?

Thank you.