I am signing an employer separation agreement and there is a clause which reads,”employee shall not apply for re-employment”. How long is this typically for?

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I am signing an employer separation agreement and there is a clause which reads,”employee shall not apply for re-employment”. How long is this typically for?

I would like to them adjust this particular clause to say I would be eligible to re-apply for appropriate positions after 5 years. Is this a reasonable request? It seems odd that I could never work there again. This is large corp with frequent management change over.

Asked on September 4, 2010 under Employment Labor Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As a general rule you should never, ever sign any agreement with your employer unless you have an employment attorney review it on your behalf.  Yes, never, ever being able to apply for employment again in a corporation seems unreasonable on the surface, but I am sure that it can be held reasonable under certain circumstances, such as if the employee was charged with theft or embezzlement, etc.  The facts and circumstances surrounding the separation help to guide the rights of both parties involved in the agreement.  But fundamentally it is a contract and contract law in your state should allow for open negotiations of the terms between the parties.  So take it to someone to read and tell them what happened. Good luck. 


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