Reviewing a Settlement Agreement
Through a Settlement Agreement (abbreviated as “SA”), an employer and employee can end the employment relationship. The parties then separate “by mutual consent.” The advantage of a Settlement Agreement (also referred to as a termination agreement) is that the parties themselves can determine which conditions apply to ending the employment. Thus, they can negotiate points that are important to them. For the employer, a Settlement Agreement is almost always beneficial: if both parties come to an arrangement, there is no need to initiate termination proceedings at the subdistrict court or obtain a dismissal permit from the UWV. In practice, this is seen as the big advantage of a Settlement Agreement. Given this, an employee has a good negotiating position as well. However, even though drawing up a Settlement Agreement might seem simple, it is crucial that it is set up correctly to (for example) protect your right to unemployment benefits. If the right elements are missing from a Settlement Agreement, the UWV could deem the employee “culpably unemployed,” causing you to possibly lose your right to benefits. Therefore, make sure that you have your Settlement Agreement checked by a legal professional.
Conditions for a Settlement Agreement
To claim unemployment benefits, several elements must be explicitly stated in the Settlement Agreement. For example, the Agreement should clarify that your employer initiated the termination of the contract and that there is no urgent reason underlying the termination of the employment. It is also advisable to include that the termination is not related to any prohibition on dismissal (such as pregnancy or illness). Furthermore, there are many other considerations that should/could be addressed in a Settlement Agreement, such as severance pay, non-compete clauses, confidentiality, and relationship clauses.
Many employers urge their employees to sign the Settlement Agreement as soon as possible, for example due to the applicable notice period. Many employees feel pressured to sign the Settlement Agreement immediately and do not have it checked by a lawyer. This is very unwise because signing the Settlement Agreement can have far-reaching consequences. Specifically for this kind of situation, we offer you the Settlement Agreement check. For a competitively fixed rate of € 450.00 (PROMOTION 2025: € 350.00 excl. VAT), we will review your Settlement Agreement and provide you with concise, customized advice. We go through all relevant points in your Settlement Agreement and check for legal pitfalls. This way, you will be fully aware of what you are signing. Be wise and make sure you are well informed.
How We Check Your Settlement Agreement
If you have received a Settlement Agreement, you can send it to us by email or post. We will assess the Settlement Agreement (often within 24 hours) and then prepare an advisory report that clearly explains what the various topics mean for you and whether this is positive or negative for your situation. A specific time will be arranged at which you will be called. During that call, the advisory report is discussed and all your questions will be addressed. Once everything is completely clear, the next steps will be reviewed with you. Depending on the outcome of the advisory report, the lawyer will start negotiations with your employer on your behalf. A Settlement Agreement is often the employer’s first offer. In many cases, it is not yet the desired result. The lawyer will discuss every step with you so you can make an informed decision. If you have any questions, we would be happy to hear from you. Our specialists are ready to assist you.
Reviewing a Settlement Agreement
SA Review in:
Urgent Settlement Agreement Review
Sometimes a Settlement Agreement needs to be reviewed urgently. We understand that you do not want to wait weeks for advice. With us, if the Settlement Agreement is submitted today, it will be assessed tomorrow. Based on this Settlement Agreement check, you will receive an advisory report written in clear English that explains the consequences for you and provides an honest opinion about the content of the Settlement Agreement. Based on this advisory report, we will contact you by phone to discuss the next steps. In some cases, the advice may be to sign the Settlement Agreement. Often, however, there is room for improvement in the offer. We will discuss this with you and, if you agree, your lawyer will negotiate these points with your employer. If you do not want to wait weeks for advice on your Settlement Agreement, we ask you to email or mail the Settlement Agreement (as well as a recent pay slip and your employment contract) to us. If we receive it today, you will have clear and honest advice tomorrow. All of that for an honest rate of just € 450.00 (PROMOTION 2025: € 350.00 excl. VAT). During (potential) negotiations, these costs are always taken into account. In 95% of cases, our expertise ends up costing you nothing because the employer reimburses the expenses. If, for whatever reason, that is not possible, you pay only for the advice. After all, a towering invoice will not help you. So your maximum investment is € 450.00 (PROMOTION 2025: € 350.00 excl. VAT). Guaranteed!
Thanks to our convenient location, we can provide you with an affordable, high-quality review of your Settlement Agreement or termination agreement. Most cases can be handled effectively via email, telephone, and other online channels. This saves time and therefore money, helping us keep your costs as low as possible. At Wolderwijd Dutch Lawyers, a good review of your Settlement Agreement is guaranteed. Whether for businesses or private individuals, we are always close by. Our service area covers all of the Netherlands.
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