What if the employee works between the date of agreement and the termination date?

  1. In the vast majority of cases, a settlement agreement will provide for termination of employment on or around the date the settlement agreement is signed.
  2. However, if the employee continues working for some time after signing a settlement agreement the employer may wish to provide for a second or ‘confirmatory’ settlement agreement to be signed after the termination date.
  3. Alternatively, the employer may put the employee on garden leave for the duration of the period to termination.