As a law firm dedicated to the architectural and construction industries, PDI Global LLC helps global clients navigate complex projects – like consortia in the architecture and construction sectors – as well as in managing their talent through sound employment separation agreements. Our colleague’s recent post ‘Employment Separation Agreements: Do I Have to Sign?‘ discusses with insight and real world examples the key considerations for both an employer and an employee. Reviewing this post as a lawyer with decades of experience in the architectural and construction industries from a global perspective, it is clear that the issues discussed there carry equal weight for employees in those same sectors.
A lawyer can detach themselves from a situation, an employee or an employer may struggle a little more. It is certainly easier to see how to best serve one’s own interests in situations like employment separation agreements if you consider the perspective of others involved in the same process. In the circumstances of an employment separation agreement, there is always an employer, an employee and the realities of an employment situation that must be taken into account when proceeding with the separation.
The observation by the author of that post that as a lawyer that they advise a company on what rights and remedies they have in the situation at hand, as well as how to best protect those rights and remedies going forward, like most lawyers, I quickly become one of the parties, and not the advisor. When an employee is faced with the prospect of separation from employment, like you really have to look out for yourself. The other side is biased, and they don’t understand what you are going through like you do. That’s the nature of things. You need to know your rights and the best course of action available to preserve or advance your career. If you are an architect or consultant and you find yourself looking at the possibility of the end to an employment relationship, know that all is not lost – even if you personally feel at your lowest point.
The consideration of what happens next really does become a matter of perspective. How best to separate from your employer? Are there opportunities with allied architects, engineers or consultants? Are there opportunities to recover transferred intellectual property? Is there a next step upwards in the career tree? What will happen if you decide not to sign the separation agreement?
Architects and engineers in particular might be interested to know the following: When considering whether or not to sign a separation agreement, you really need the advice of a lawyer. If you don’t talk to your lawyer you may not see the bigger picture which exists on the global scale. One country’s laws may have a direct impact on whether you can continue working for your former employer long term or for an indefinite period, or whether you will be required to stay away from a particular area of work or activity that is either closely connected or completely unrelated to your previous role. What about restrictions on recruiting other employees? You need to act with care, advised by a lawyer in your own interests.
For more information on employment separation agreements, you can visit the U.S. Department of Labor.
