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.