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Message: <blockquote data-quote="SeniorGeek" data-source="post: 78482" data-attributes="member: 4823">Some interesting things about the Separation Allowance Plan (SAP) contract I was given:<ul> <li data-xf-list-type="ul">First, I hear there are four versions. One version for District employees above 40 years of age, another for District employees below 40 years of age, plus both above- and below-40 versions for the Region (TSC) employees.</li> <li data-xf-list-type="ul">The above-40 versions address the Age Discrimination in Employment Act (ADEA). The part about our payment includes, "I acknowledge that twenty-five percent of the payment is being paid to induce me to release any claims I may have under the [ADEA]". No, we aren't getting paid more for being over 40, but we'll get less if we claim age discrimination.</li> <li data-xf-list-type="ul">There's a clause that any disputes about interpretation of the contract will go to arbitration...in Atlanta, with an arbitrator licensed to practice in Georgia. The laws of Georgia shall apply, and the decision of the arbitrator is binding.</li> <li data-xf-list-type="ul">"I agree not to criticize, denigrate, or disparage any Released Party." (The SAP payment is hush money. You won't find many former technicians posting on Brown Cafe after signing the SAP.)</li> <li data-xf-list-type="ul">"I acknowledge and agree that the terms of this Release must be kept strictly confidential. Accordingly, I agree not to disclose or publish to any person or entity, except as required by law or as necessary to prepare tax returns, the terms and conditions or sums being paid in connection with this Release." (Note: Our signing date is still in the future. Another note: UPS appears to acknowledge that some people believe that divulging earnings on tax returns is not required by law.)</li> <li data-xf-list-type="ul">"I acknowledge that, before signing this Release, I was given at least 45 calendar days to consider this Release, as well as the attached statistical data and information." (The signing date is set as 2/10/2006. Math is left to the reader.)</li> </ul>Things I'll be asking an attorney to interpret:<ul> <li data-xf-list-type="ul">"Claims I am releasing include, without limitation, claims under...the Employee Retirement Income Security Act of 1974, which, among other things, protects employee benefits;" - does this mean they can deny retirement benefits I've accrued?</li> <li data-xf-list-type="ul">"I agree that my employment with the Company has been terminated and that I will not seek employment with the Company or any of its affiliates in the future." - is there an accepted legal definition of "affiliates"? I want to know where I might be denied employment in the future.</li> <li data-xf-list-type="ul">"I waive any provision of law that limits waivers of unknown claims." - can laws limiting waivers of waiver-limiting laws be waived? Does that make any sense?</li> <li data-xf-list-type="ul">"I fully understand what this release means" - so I guess the part about waiving waiver-limiting laws must make sense, otherwise I wouldn't fully understand it.</li> </ul> </blockquote>

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