Can your employer modify your severance agreement after you sign it? (consulting, company)

[BonVivant]

Basically, the agreement was signed within the provided 7 days. Sent it back along with a note stating that the final pay I received was not the amount mentioned in the agreement. So a response comes back with an amended agreement, where the only change is the amount mentioned. It has been changed to the (lesser) amount I received.

• Is this even legally right to do?
• Does the agreement previously signed & sent still hold?
• Or does the new one nullify the signed one?
• What's worse, the new agreement still has the old date on it (basically they printed it again after changing just one amount)!
• What are my options here?

The way I see it, a signed agreement should hold and this newer one can just be ignored. Thinking of just telling the company that the original signed agreement should hold.

• But again, concerned if even a polite sentence would constitute as challenging them etc and so nullify the agreement?

Any insight would be greatly appreciated. Thanks in advance.

[sweethearttx]

Well...I just signed a severance agreement too and my impression is that those are legally binding. And unless the original agreement gives the company the right to amend later, they are bound to what you signed. I would NOT sign the new one without consulting with a lawyer or someone about it. It sounds like they are trying to ********* over.

Edit: Did they not give you a copy of the agreement you signed, to keep? They should have.

[Hesster]

You can't sign a contract saying you're going to pay someone, and then pay them a lesser amount and try to make them sign a new contract afterward.

If the money is a significant amount, then I agree. Talk to a lawyer.

[texdav]

Basically if anyone doesn't go along with the agreemnt then its null and viod.You can get a lawyer if you want but unless its for alot of moeny be prepared to pay.

[sweethearttx]

Originally Posted by texdav

Basically if anyone doesn't go along with the agreemnt then its null and viod.You can get a lawyer if you want but unless its for alot of moeny be prepared to pay.

Yeah but once it's offered and signed, I don't think anything can make it null and void unless it is specifically stated in the contract that the employer is allowed to do so at their discretion.

[Huckleberry3911948]

if its alota money you have a legal argument if the issue comes up (if you leave) do not sign subsequent amendments with lesser amounts on them.
see legal counsel if he persists. the fact that he is pushing it is not good a good sign.

[Boompa]

Are you a member of a Union, if not, TOO BAD

[maf763]

If you didn't keep a signed copy with the original amount, you're probably out of luck.

[BonVivant]

Originally Posted by sweethearttx

Well...I just signed a severance agreement too and my impression is that those are legally binding. And unless the original agreement gives the company the right to amend later, they are bound to what you signed. I would NOT sign the new one without consulting with a lawyer or someone about it. It sounds like they are trying to ********* over.

Edit: Did they not give you a copy of the agreement you signed, to keep? They should have.

Well, we made a copy before it was sent back. Not received any from them, which I suppose one should since they have to sign it also.

As I typed this I suddenly realize maybe it's not valid yet coz they haven't signed it yet? ********* over is right! OMG!!! I don't need this now!!!!

And the original one says the signed agreement can be amended to by mutual consent with a written document attached. But now I don't even know if the one sent in is considered an agreement!

[BonVivant]

Originally Posted by texdav

Basically if anyone doesn't go along with the agreemnt then its null and viod.You can get a lawyer if you want but unless its for alot of moeny be prepared to pay.

Could you expand on what you say? This is my confusion- they wrote up the agreement, and I signed it, so how can they not go along with what they drew up in the first place?