If you are concerned about the validity or applicability of a settlement agreement you have signed, you should obtain legal advice before taking any further action. Breach of agreement: Settlement agreements likely provide that if you breach any of its terms, you will have to reimburse some or all of your employer`s payments and compensate them for future costs and procedures to compensate them (and in some cases losses resulting from the breach). This is a usual clause, although it often needs to be watered down, so only a “substantial” infringement should lead to a refund, and even then, the refund should not include the sums to which you were entitled in all cases (for example. B contractual termination payments). The worker must have good faith in the duty to disclose. What happens when an employee informs his employer that he saw a colleague stealing money from the employer and it later turns out that the colleague had the right to take the money, so that no theft took place? Under these conditions, there may still be a protected disclosure, provided that the worker is of reasonable opinion that an infringement has occurred. Similarly, there may be a protected disclosure even in the absence of a legal obligation or if the disclosure is based on inaccurate facts. If a transaction agreement is presented to you, which prohibits you from making any of the above conditions, those clauses should be deleted. But even if you have signed an agreement with the remaining clauses, the confidentiality rules would simply not apply. 2. Check other provisions that may act as an NDA: Check other provisions of your agreement, such as . B reimbursement or indemnification clauses, which can be considered as NDA. It should be ensured that other conditions of comparison do not constitute an indirect obstacle to notifications or disclosures which would otherwise be subject to reporting to the police or a supervisory authority, for example.
If the external disclosure is made to a supervisory authority (e.g. B the Financial Conduct Authority or the Health and Safety Authority), the worker must also reasonably fall within the competence of the regulatory authority and that the claims are essentially well-founded. In its simplest form, it includes a termination agreement (which may include your termination, a tax-exempt amount, dismissal, leave, bonuses, and other amounts). However, there are many other clauses (see below). In return for receiving these payments, you must agree not to assert legal claims against your employer (for example. B unjustified dismissal, discrimination or breach of contract). In return for signing a settlement agreement and waiving some of his legal rights, the employee receives a compensatory lump sum payment, usually higher than what he would receive if he went to court. There is nothing illegal or inherently unreasonable about including confidentiality clauses (commonly referred to as “strangulation clauses”) in such agreements, especially in circumstances where both the employer and the worker want to keep business with each other. .