Wednesday, September 9, 2009
TERMINATION LETTERS WHEN DISCHARGED
I have now seen several cases where employees who are discharged are asked to sign a piece of paper. Some of these papers are entitled "Exit Interview", "Exit Receipt" or whatever. In some circumstances, after an employee is fired or downsized, many companies have the employee sign an acknowledgment of wrongful conduct or a letter of resignation - this will adversely affect your claim for unemployment benefits. In other circumstances, after an employee is fired or downsized, many companies have the employee sign a waiver giving up the right to sue for wrongful termination in exchange for a severance package. Whether these documents are enforceable is not always clear and will depend on the specific circumstances of each case. To be unenforceable, the employee will usually have to show that the document was signed under duress or as a result of some other wrongful action by the employer. If you have been terminated and asked to sign any document, you should speak to a lawyer before doing so. If you have already signed such a document, a lawyer can determine whether it is enforceable. A lawyer can also represent you in court.