It’s very common for employers, when terminating an employee, to pay a sum of money (usually termed “severance”) in exchange for the former employee’s release of any legal claim related to the employment relationship. Often times the terminated employee is satisfied with the “severance” payment and everyone goes on with their lives.
However, there are other times when the terminated employee is not satisfied with the way things ended with its former employer. Maybe the “severance” was not enough, or maybe the employee felt that he was terminated for an unlawful reason. This is when the employer really needs that release it paid for to be enforceable.
The problem is, many of them are not. Employment law can be very technical and as a result innocent mistakes are frequently made. Does the release provide the employee with an opportunity to review the terms with independent counsel? Does it use clear and specific language to address the type of claims being waived? Does it require the employee to acknowledge that he is receiving fair compensation in return for his signature on the release?
If the answer is no to any of these questions there is a possibility that the employee will be permitted to pursue legal action despite that fact that he signed a release. The good news is that with the help of an experienced employment lawyer problems in release documents can be easily corrected.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Texas civil litigation attorneys based in Fort Worth who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.