Comments on: Why I Always Followed up with People Who Didn’t Sign Severance Papers (General Releases)

By: Dorothy is an idiot

Dorothy is an idiot — Wed, 19 Dec 2018 18:17:05 +0000

In reply to Dorothy. Only thing this says is that he hired a lazy lawyer looking for a quick mediation. The bar is not higher at the lawsuit level than the EEOC, the EEOC actually makes you prove that had it not been for your protected class, you would've been treated equally. If he was actually determined he could've whopped your ass in court with a sympathetic jury.

By: AlexisScott

AlexisScott — Mon, 23 Apr 2018 00:33:23 +0000

Very interesting read. Following up is a great way to understand the entirety of the company and its processes.

By: kobayashi

kobayashi — Tue, 27 Feb 2018 23:10:53 +0000

I’ve worked for a company that DID offer separation agreements to certain HQ employees terminated for cause. Yes, it included severance, stips for references, etc.

By: Sean

Sean — Mon, 26 Feb 2018 13:34:22 +0000

In reply to Evil HR Lady. Most releases wouldn’t be valid without valid consideration. If you offer nothing of value in exchange for a release then it’s not valid and enforceable. Also if the terms are heavy handed like the Papa Johns non compete provisions for low level workers. If a company needs a binding arbitration agreement it’s not a company you want to work for.

By: Evil HR Lady

Evil HR Lady — Sat, 24 Feb 2018 09:06:26 +0000

In reply to kobayashi. I wouldn't sign any sort of release without being given something in return. We offered severance in exchange for the release. If someone is terminated for cause, I'm not offering them any severance, so why should they sign any sort of release?

By: Dorothy

Dorothy — Fri, 23 Feb 2018 22:56:27 +0000

In reply to kobayashi.

If people won’t sign, they won’t sign. But the bar is high for filing a lawsuit. That threat shouldn’t paralyze the company.

In 2009 I fired two employees for cause. One was a manager, the other was union represented.

When I heard the Union grievance at my own level, the union withdrew the grievance. They agreed on the basis of the documentary evidence I presented, that the termination was justified.

The manager filed a formal EEOC complaint. The EEOC, too, closed her case without relief. I later learned via the grapevine that the manager’s lawyer told her he wouldn’t file a lawsuit for her. He explained the bar with the EEOC was much lower than in court, and that they couldn’t win a lawsuit if they’d lost at the EEOC.

I grant that the cause was extreme, my documentation was excellent, and this was in Texas. But neither employee ever filed suit against our Fortune 20 company which is often seen as an easy target.

By: kobayashi

kobayashi — Fri, 23 Feb 2018 17:40:34 +0000

Do you only follow up with people who are laid off and refuse to sign? How do you handle terminations for cause when people refuse to sign? At that point, I figure they are looking to sue, and there’s not much we’d be able to do short of giving them their job back or a lot more money to resolve their concerns. Your thoughts?

By: Maria Rose

Maria Rose — Fri, 23 Feb 2018 17:34:46 +0000

Unfortunately not all HR representatives work from this angle so please give yourself a well deserved pat on the back.
The main problem I found with the paperwork of a layoff procedure is all the technical terminology written in formal legalese. You need to view this from the mind of the person whom you are handing this paperwork. You may have taken the time to create these forms to cover and protect your company from lawsuits which means that you had time to process the meaning of the exact wording of the document.
I was the recipient of one of these documents in 2015 when my company dissolved the company completely and was forced through by the court to do this. ( They were trying to get away with giving us nothing in compensation claiming need to compensate all the remaining executives who already had a very excellent compensation package.) I had to take a few days to read and use a glossary to understand all the words of that paperwork, plus I had to put in a specially worded addendum to clarify the exact amount of the rest of money still owed as they only offered us half of the compensation as their efforts because of court order to do so. ) As none of us workers could afford to pay a lawyer to do this review of the paperwork, our unions had it done and passed this information on to the workers via the union reps. Even with this help, the company got away with only paying us half compensation as required by law. Any of us senior workers by both age and time on job were told flat out that there would be few if any chance of getting a new position in another company unless we accepted the starting wage ( which was a drastic cut in pay) and only in a part time position of 10 hours weekly.
Maybe you might do more for higher level workers but in terms of the lower level employees that actually do the work of the company, there is not that compassion shown as described in article.

By: Glenn

Glenn — Fri, 23 Feb 2018 14:46:04 +0000

Excellent post. I truly believe that if
HR professionals and managers handled terminations with more compassion and empathy, there would be a lot fewer bitter ex-employees and lawsuits.

By: Josh

Josh — Fri, 23 Feb 2018 13:17:30 +0000

It’s so great to see some of the HR people I follow all connected and building on each others topics. I also listen to the HWE podcast and heard you last week.

I think in any situation follow up is crucial for a HR person. Even in a termination (not a layoff) situation and also through the recruitment process. Follow up is key and helps building your brand as an employer and professional.