Severence pay agreement

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Severence pay agreement

My employer has agreed to a severance pay agreement. Do we need to have a
lawyer draw up a contract, or can we do it in house and have it notorized?

Asked on June 15, 2016 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Notarization is actually unnecessary for a separation agreement--it merely needs to be signed by both employer and employee.
Legally, you can draw it up in house, but are strongly advised to let an employment law attorney help you. There are some technicalities about the employee's time to review and rescind the agreement which are critical and which vary by age--you need to get those right; you also want to make sure that the agreement adequately gives effect to what you and the employer have agreed to and adequately protects both parties. If you don't let an attorney help you, you increase the odds that the agreement will have some error or omission in in.


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