Avoid mistakes when entering into a settlement agreement
A practical approach from the initial dismissal proposal to your final decision.
From proposal to an informed decision
An employer may unexpectedly offer a settlement agreement. You do not have to respond to the details or agree to anything during the initial meeting.
Following a set sequence helps prevent time pressure, incomplete information, or casual promises from leading to a wrong decision. Therefore, go through the steps below before signing.
Do this immediately
Take the proposal with you, confirm nothing, and agree on a reasonable timeframe for your response.
Step 1
Stay calm and do not sign anything
Listen to the explanation, but make no commitments regarding consent, the end date, or compensation. Request the full proposal in writing.
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Note who is taking the initiative
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Ask for the reason for the resignation
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Agree on when you will provide a substantive response
Step 2
Gather the necessary documents
A settlement agreement can only be properly assessed in conjunction with your employment terms and personal situation.
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Employment contract and amendments
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Collective Labour Agreement (CLA) or social plan
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Recent payslips and bonus arrangements
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Correspondence regarding performance or conflict
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Overview of leave and other entitlements
Step 3
Check the major risks first
Before negotiating, verify that the foundation is legally and factually sound. A higher amount does not rectify an incorrect premise regarding unemployment benefits.
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Initiative and reason for dismissal
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Unemployment benefits and culpability
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End date and notice period
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Illness or other special circumstances
Step 4
Determine what is important to you
Distinguish between necessary corrections, key wishes, and points where you might be willing to compromise.
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Minimum financial outcome
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Desired end date
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Release from work duties
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Clauses, certificate of employment, and reference
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Legal costs and practical settlement
Step 5
Negotiate the package as a whole
Do not focus solely on the severance pay. The terms and conditions are interrelated and must be assessed as a single package.
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Justify proposed changes
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Distinguish between gross and net amounts
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Pay attention to payment dates and conditions
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Keep communication factual and professional
Step 6
Ensure all changes are included
Do not rely on emails, conversations, or good intentions outside the agreement. The final text must be complete.
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Compare the new version with the previous draft
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Double-check amounts, dates, and wording
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Remove contradictory or outdated passages
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Ensure attachments are correctly included
Step 7
Make a decision only after the final check
Read the final agreement in full and verify that all adjustments have been correctly incorporated. Sign only when you understand the implications and find the terms acceptable.
Step 8
Monitor the cooling-off period
After concluding the written agreement, the employee generally has a fourteen-day cooling-off period. Without a written statement, this may extend to 21 days.
When is extra help advisable?
Legal risk
In cases of illness, conflict, accusations, summary dismissal, or an unclear reason for dismissal.
Financial interest
In cases involving bonuses, shares, pensions, long tenure, or a significant discrepancy regarding the severance package.
Insufficient clarity or overview.
When terms, calculations, or consequences are unclear, or if the employer is exerting pressure.
Received a termination proposal?
Have the proposal reviewed before responding or negotiating.
Frequently asked questions
No. Request the full proposal in writing and take time to review it before providing a substantive response.
Including your employment contract, collective labor agreement (CLA) or social plan, payslips, bonus agreements, leave overview, and relevant correspondence.
Only after the legal basis, unemployment benefit (WW) status, end date, and key financial implications have been verified.
Ensure every important agreement and amendment is included in the final settlement agreement.
Usually fourteen days. If the right is not stated in writing, the period may be 21 days.
Reviews
Professional advice
Your dismissal specialists helped me very well with professional advice following a labor dispute I had with my employer. They clearly have experience with settlement agreements. I definitely needed their assistance to reach a good agreement with my employer. Thank you for the clear communication and all the help!
My thanks
My thanks to Mr. Geradts,
With great professionalism, decisiveness, speed, and effectiveness, I was able to conclude a good settlement agreement. If your first counteroffer hadn’t been so strong, I wouldn’t have been able to secure even half of it.
Not only because of the money, but certainly also to be able to close my employment history with dignity.
I wish every employee in such a situation could have such a skilled lawyer!
Good severance payment
I want to sincerely thank you for the excellent help I received when my employer wanted to terminate my employment contract with a settlement agreement.
You advised me not to sign the agreement and, through negotiations, secured my unemployment benefits and severance payment.
Good advice
We are an employer in a cyclical industry. Sometimes there is plenty of work, other times too little.
Therefore, we regularly have to part ways with employees for “economic reasons.”
We use the services of vaststellingsovereenkomst.org for this. They know exactly how a dismissal request to the CWI or the subdistrict court should be prepared.
Even in cases where an employee underperforms or behaves inappropriately, we have had good experiences with the lawyers at vaststellingsovereenkomst.org.
They are always available to us with sound advice and have never disappointed us.
Difficult situation
A dismissal specialist helped me in a very difficult situation. I had been so foolish to sign a letter in an emotional state, resigning myself. Because of this, I lost my salary and wasn’t entitled to unemployment benefits. Vaststellingsovereenkomst.org managed to reverse this. They were able to prove that I signed under pressure and didn’t fully understand what I was doing.
In the end, I left with a good severance payment and now I have another job. Without the help of Vaststellingsovereenkomst.org, I would be in serious financial trouble right now.
Higher severance payment
I would like to sincerely thank you for the quick and professional assistance.
My employer unexpectedly presented a settlement agreement to terminate my employment contract, but thanks to your help, I received a higher severance payment and compensation for my vacation days.
Excellent assistance provided
Recently, you helped me with my dismissal case. I am very satisfied with the assistance provided. The lawyer was very involved and well-versed in dismissal law. He understood well that I didn’t want a long procedure but wanted the matter resolved quickly.
That solution came swiftly and to my full satisfaction. I didn’t even have to visit your office. Communication was handled by phone and email, so you were always accessible.
My rating: a solid 10.
Dismissed but still well helped
Because of a conflict at work that got seriously out of hand, I was dismissed immediately (summary dismissal). I had behaved badly during that conflict, so I could understand why my boss took such a harsh measure.
But I still had to fight the dismissal, because I had no job and no right to unemployment benefits. Fortunately, the dismissal specialist dared to take the risk and started a procedure against my employer on a No Cure No Pay basis. Without the possibility of No Cure No Pay, I wouldn’t have dared to do it myself.
In the end, after two procedures, the lawyer from vaststellingsovereenkomst.org succeeded in securing my right to unemployment benefits and even a severance payment.
Dismissal assistance
I worked with great pleasure from the age of 18 at a flower exporter in Aalsmeer.
When I was 54, my employer applied for dismissal through the CWI for economic reasons. At that time, I engaged Mr. Edwin van Jaarsveld from Ontslagspecialist for dismissal assistance.
A dismissal permit could not be avoided because my employer was really in financial trouble. Since my employer offered only a very small severance payment, Mr. van Jaarsveld advised me to start proceedings at the subdistrict court.
That turned out to be successful. The court awarded a severance payment of €94,000.
Thanks to the dedication and excellent legal knowledge of vaststellingsovereenkomst.org, I achieved this great result. Kudos!
Very pleasant experience
We are an international company based in Amsterdam. We have engaged Vaststellingsovereenkomst.org as our regular legal counsel and legal assistance for business matters. They successfully concluded our first legal case immediately.
I have found the collaboration with the lawyers at Vaststellingsovereenkomst.org to be very pleasant. We complement each other well regarding key issues and evidence.
Rarely have I experienced such excellent legal service and attention. I would definitely recommend Vaststellingsovereenkomst.org in every respect; their rates are also very reasonable!
