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Forcing an Employee to Sign Release Paper Could Lead to Wrongful Termination of Employment Charges

Requesting an employee to sign a release paper right at the very moment of the termination meeting could actually lead to allegations of wrongful termination of employment.

Termination of employment is actually something that an employer must handle very carefully since it may significantly affect future dealings with the terminated employee.

Employers must take note that when discussing termination to an employee, certain concerns like whether termination policies have been followed, how to handle the employee’s last few days on the job, and whether such awkward moments permits a call to any employment law attorneys before the termination meeting, must all be delivered unmistakably to the employee.

Before the termination meeting, an employer must also decide whether to provide the employee with an option to release any possible legal claims in exchange for separation pay. Once the employer had decided to do so, the employer otherwise should not require the employee to sign the release paper at the termination meeting. The employer should provide enough time to the employee to consider the bargain.

Under the federal law, an employer must provide the terminated employees several weeks to consider a separation agreement. Nevertheless, even if an employer is not obligated to make such offer, the employer should still provide the concerned employee sufficient time to think over and consider the agreement.  The reason is that some people don’t have the presence of mind to review such release documents at the very moment after an employer dropped the bed news. Thus, forcing an employee to sign a release paper, as well as the separation pay agreement, on the spot could lead to allegations that the employee was wrongfully terminated.

In such difficult situations, it is still best to have employment law attorneys to ask for an advice on how to resolve the legal predicament and to provide assistance with the agreement.

Posted in Employee Rights, Wrongful Termination.

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Continuing the Discussion

  1. Computer Maker Giant HP to Lay off 27,000 Workers by 2014 – The Weary Worker linked to this post on May 25, 2012

    […] Now, moving on with the work force cuts, a California wrongful termination lawyer is quite impressed with the HP’s effort of informing its workers that all terminated employees have the right to have their legal representatives beside them during the signing of release paper and separation agreement. […]

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