Should an Employer Require a Terminated Employee to Sign a Release
An employer must also decide whether to ask the terminated employee to release any potential legal claims in exchange for severance pay.
How an employer handles a termination can significantly impact future dealings with the terminated employee. Therefore, before terminating an employee, an employer must address certain concerns, such as whether all termination policies have been followed, how to handle the employee’s last moments on the job, and whether a difficult situation warrants a call to an employment lawyer before the termination meeting.
An employer must also decide whether to ask the terminated employee to release any potential legal claims in exchange for severance pay. If so, the employer should not require the employee to sign the release at the termination meeting. Instead, the employer should give the employee ample time to consider the release and separation pay agreement.
Federal law requires an employer to give certain employees several weeks to consider a separation agreement. But, even when not legally obligated to do so, an employer should still give an employee adequate time to review and consider the proposed agreement. Few people have the presence of mind to carefully review a legally binding document minutes after being fired, and forcing an employee to sign a separation agreement on the spot could lead to allegations that the employer coerced the employee into signing the agreement.
To speak to an employment law attorney about terminating an employee, contact the Dallas, Texas employment law attorneys at Clouse Dunn LLP via email at firstname.lastname@example.org or telephone at 214 220 3888.