Have You Recently Been Fired? Don’t Sign a Release Form Yet!
Upon leaving your job, don’t sign a “release form” or final “settlement’ of claims until you consult with an attorney. Releases and settlements written by an employer usually contain a lot of terms that protect your employer, not you.
What is a release form? A “release” or “release of claims” form is a legal term for a written statement signed by an employee in which the employee gives up all rights he or she may have to challenge his or her termination and/or to sue the company. When you sign a release, you are giving up your rights.
While releases and settlements are common when an employer and employee attempt to reach some kind of resolution of their disputes, you should be suspicious of a release or settlement agreement that your employer insists you must sign immediately, without reviewing it or having it reviewed. You will probably need some time to determine if you have a legal claim that you do not want to give up. Don’t be afraid to ask for a week or two weeks to consider and review the release, and if necessary to contact a lawyer for counsel and advice.
For employees over age 40, a release of claims is especially complicated. The Older Workers’ Benefit Protection Act (OWBPA) requires an employer to include certain provisions to make a release of age discrimination claims valid. Some important provisions include the right to consider the release for 21 days before you have to sign it, and the right to revoke the agreement within seven days after the date of signing. If your employer requests a release in exchange for special downsizing benefits that are available to a group of terminated employees, certain statistical information must also be furnished to you. You are strongly encouraged to have such a release reviewed by an attorney before signing it. You should not release the following:
- Future claims
- Pension or retirement claims
- Workers’ compensation claims
- Claims unrelated to your employment with the company
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has the answers. Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/leaving-your-job
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