Article

Can I get an employee I am firing to sign a release at the time of fire like Roger Ailes did?

Provided by:  Jennifer Kirschenbaum, Esq.

November 21, 2019

 

Question:

Hi Jennifer, 

Can I get an employee I am firing to sign a release at the time of fire like Roger Ailes did?

Thanks, Dr. L 

Answer:
 
Not in New York, or most other states.... At least not if you would like the release to be enforceable...  Most states have laws related to employee releases for the benefit of employers for employment related laws such as age discrimination, sexual harassment, gender bias, wrongful termination, etc., requiring that the employee have a stipulated amount of time to review any potential valid release (usually 21 days), and also a revocation period after signing (usually 7 days).  Pressuring an employee to waive his/her rights at the time of a firing would likely be viewed as coerced and unenforceable in most states. 

If you are terminating an employee and are offering severance, and also would like a release from the employee, be sure to obtain a legally enforceable separation agreement from an attorney specializing in employment separation.  You can call me directly or contact Kieran Bastible, Esq. to discuss further.  


Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!
Can I get an employee I am firing to sign a release at the time of fire like Roger Ailes did?-November 21, 2019-Jennifer Kirschenbaum

Article

Can I get an employee I am firing to sign a release at the time of fire like Roger Ailes did?

Provided by:  Jennifer Kirschenbaum, Esq.

November 21, 2019

 

Question:

Hi Jennifer, 

Can I get an employee I am firing to sign a release at the time of fire like Roger Ailes did?

Thanks, Dr. L 

Answer:
 
Not in New York, or most other states.... At least not if you would like the release to be enforceable...  Most states have laws related to employee releases for the benefit of employers for employment related laws such as age discrimination, sexual harassment, gender bias, wrongful termination, etc., requiring that the employee have a stipulated amount of time to review any potential valid release (usually 21 days), and also a revocation period after signing (usually 7 days).  Pressuring an employee to waive his/her rights at the time of a firing would likely be viewed as coerced and unenforceable in most states. 

If you are terminating an employee and are offering severance, and also would like a release from the employee, be sure to obtain a legally enforceable separation agreement from an attorney specializing in employment separation.  You can call me directly or contact Kieran Bastible, Esq. to discuss further.  


Looking for the KK Healthcare Exchange?  Click Here. 

MISSED OUR RECENT WEBINARS?  CLICK HERE ANYTIME!
Looking for HIPAA and compliance forms?  
Click here to visit our website.
Have a question or comment for Jennifer?
Contact Jennifer at Jennifer@Kirschenbaumesq.com or  at (516) 747-6700 x. 302.
Interested in having Jennifer speak at an event or
at a residency/fellowship program?
Contact Jennifer directly at (516) 747-6700 x. 302 or at Jennifer@Kirschenbaumesq.com
Click here to learn about
K&K's Prepaid Legal Audit/Investigation Defense Now!