For separation agreements to be legally enforceable, the consideration is usually additional benefits that are not part of a normal termination package.

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Separation agreements need to offer something extra or additional to what the employee is already entitled to in a regular termination package to be legally enforceable. This extra consideration could be in the form of monetary compensation, extended health benefits, outplacement services, or other benefits.

For Separation Agreements to Be Legally Enforceable, the Consideration Is