A dismissal agreement is often unenforceable when it has been signed on the basis of fraudulent misrepresentation by the employer17 The legal doctrine of the faculty of scruples is a bit complicated. Generally speaking, the courts consider two aspects of a termination agreement to determine whether it is ruthless:24 An employer is only required to pay you severance pay if you have prior agreement to receive it. For example, there may be a termination clause in your prior employment contract, or your union agreement may require it. In such cases, you may be entitled to severance pay. Skrbina v. Fleming Cos. (1996) 45 Cal.App.4th 1353, 1358 [Discussion of a situation in which an employee signed a written termination agreement in exchange for severance pay of $US 8,000]. . . .