Many Maryland employment law claims may be brought not only against the company, but also against certain individuals in management.
A proper release should include all of these people, as well as any successors and assigns of the company itself.
For all these reasons, employers must receive competent legal counsel to ensure that their releases and waivers are enforceable. Post Employment Cooperation : It often arises that a departing employee is the only individual in the organization with knowledge of certain issues for example, a network system administrator or a high ranking member of management.
However, since this is rarely possible, the employer will want to reserve the right to continue communicating with the former employee and even retain the ability to assign certain tasks to him or her after the employment relationship has ended. Confidentiality : Typically, an employer will want the terms of the separation agreement to remain confidential.
In order to do so, the agreement must expressly set forth this requirement. However, it is not always practical for all details of the agreement to remain under seal; accordingly, the agreement may need to identify certain permitted exceptions to confidentiality for example, conversations between employees and their tax consultants, immediate family members, attorneys, etc. In addition, to the extent it is expected that others will inquire with the employee about the separation agreement, it may be appropriate to include a provision expressly stating what the employee is permitted to say in response for example, when there is an inquiry about the agreement, an employer may want to specify that the employee respond by stating, the issue has been satisfactorily resolved by agreement, and the terms are confidential.
One factor that is likely to affect this decision is whether the employer intends to contest unemployment benefits. Accordingly, it can be beneficial for the employer to include terms describing what the employee is permitted, and prohibited, from saying about his or her past employment and any details surrounding the separation. Issues in this area also often arise in relation to an employee interviewing with their next place of employment.
However, there can be legal limitations on the extent to which the employer can restrict the employee and, as such, an employer would be wise to seek out appropriate legal counsel in this regard. Dispute Resolution : While employers enter into separation agreements as a prophylactic measure in order to minimize future litigation, the terms of the agreements themselves can also lead to disputes for example, allegations as to a breach of confidentiality, violations of the nondisparagement obligations, etc.
For this reason, the parties to the agreement often agree to have such disputes resolved via arbitration. In other situations, the agreement may provide for disputes to be heard in a particular court for example, state versus federal court. Irrespective of how the parties ultimately agree to resolve any potential future issues, employers want to be certain that the agreement clearly states the manner in which such disputes will be resolved. References : If the terms of the separation agreement provide that the employer will provide the employee with a reference, an employer should consider putting the reference in writing and attaching it as a non-confidential exhibit to the agreement for example, a letter of recommendation which the employee can use in seeking new employment.
Which should you choose? Your decision will have no effect on the issue of custody and visitation because these issues can be modified until a child reaches the age of Your decision will also have no effect on the issue of distribution of assets. The Court will not modify the terms of distribution. However, if the divorce agreement survives the judgment, it is a contract that the court may not modify.
On the other hand, if the agreement survives the judgment, then the standard for upward modification is an unforeseen and unanticipated change of circumstances that would warrant an increase in support. However, a request for a downward modification in support is significantly harder to prove, and becomes something to think about when deciding whether or not to elect this option. If, however, the agreement is merged and the judgment is modified then the payer cannot separately sue for enforcement of the contract.
Indeed, in this situation there is no separate surviving contract on which to sue. Back to top. Divorces are either contested or uncontested. Contested divorces are those in which the respondent disputes any issue in the case — the divorce itself, the property division, child custody, alimony, etc. Uncontested divorces fall into two categories — 1 Consent Divorces — the parties agree on all major issues; and 2 Default causes — where the respondent fails to appear to contest the divorce or any issue in it, either because he or she chooses not to oppose it, or because he or she cannot be located.
By entering into a Marital Settlement Agreement you make your divorce an uncontested divorce. How long are the parties bound by a Marital Settlement Agreement? A separation agreement is a legal document that will bind you through many years and determine your rights, obligations, and responsibilities from your marriage.
You and your spouse can amend the agreement if you both consent to the changes; or it can be modified by a court order, provided the agreement does not specifically state that the agreement is not subject to any court modification. Nevertheless, the court can always modify provisions in an agreement regarding the care and custody of any minor children.
Do the courts review the fairness of a Marital Property Settlement Agreement? In an uncontested divorce, the court nearly always approves the agreement of the parties if it is generally fair and the court is convinced that the agreement was entered into by both spouses without fraud or coercion. Often the court may want to review financial affidavits attached to the agreement in order to determine its fairness. In negotiating your agreement, you should be guided by how a court is likely to divide your property, award custody and child support, and deal with other issues.
Maryland allows for the following grounds:. Your next step is to complete the Maryland Complaint for Limited Divorce form. You need to have ready your grounds for seeking a limited divorce, where your spouse is living, and where your children live if you have any. Once your form is completed, make a copy for yourself and file the original. You need to file this form with the clerk's office in the county where you live.
The clerk requires a filing fee, but you may be able to apply for a filing fee waiver. Maryland does not require mediation, but it is a good step to take. If you and your spouse can resolve your dispute outside of the courtroom, not only will it save you time, it will also save you a great deal of money.
If you and your spouse can agree to terms during mediation, the mediator prepares a separation agreement. This document lays out the terms of your separation and provides for how your assets and time sharing responsibilities with your children should be divided.
Once you've both signed the separation agreement, you can bring it to your hearing and the judge signs off on it. All limited divorces in Maryland must have a final hearing. This is where you receive your limited divorce decree. If there are disputes about assets or custody of children, the judge attempts to resolve these issues during this hearing.
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