Terminating the Employment Relationship

13. E XECUTION IN C OUNTERPARTS This provision enables parties to execute an agreement without having the parties sign the same piece of paper. For instance, the parties may sign where indicated on two separate copies of the agreement. Despite having two pieces of paper with only one party’s signature on each, the agreement is deemed executed. Oftentimes, these provisions also include a statement that fax signatures are deemed appropriate for purposes of deeming the agreement executed and enforceable. The following is a sample execution in counterparts clause:

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy, facsimile transmission or email of the Agreement, including signatures, shall be deemed to constitute evidence of the Agreement having been executed.

C. V ARIABLE P ROVISIONS

The following provisions are not standard. An employer may choose to include them in an agreement, depending on the circumstances.

1. N O R EEMPLOYMENT A no reemployment clause is common in a separation agreement that resolves a current employee’s claim against the employer. It provides that the employee will not be eligible for future employment with the employer and that the employer may deny future attempts at reemployment without reason. For instance, if an employer and an employee agree to resolve a termination appeal via a separation agreement, part of the agreement may include the employer paying the employee money to resign in lieu of termination. The employer likely will not want to rehire the employee at any point in the future. If so, a no reemployment clause is essential. The following is a sample no reemployment clause:

Jones agrees that in the future he will not seek nor accept employment with the City and that the City may reject without cause any application for employment with it by Jones.

2. R EFERENCES FOR F UTURE E MPLOYMENT An agreement with an employee or ex-employee should specify how the employer will respond to future inquiries from potential employers. By doing so, the employer can avoid a future claim from the ex-employee that it interfered with the employee’s attempts to obtain subsequent employment. The following is a sample references for future employment clause:

Terminating the Employment Relationship ©2019 (s) Liebert Cassidy Whitmore 105