Release Upon Termination

franfields

I have done a search because I know this has been covered before but I couldn't find the answer. I know if we are terminating one person in a protected class, we give 21 days to sign a release, 45 days if we are terminating more than one person of any age during a RIF.

We are about to terminate 4 folks, all for different reasons but reasons none the less. We are going to pay severance so they will sign a release as there is one over 40, one who was promoted within the last six months, etc. Can I request they sign sooner than 21 day if they are not one of those in the protected class?

My brain is fried thinking about doing this so close to the holidays.

Don D

regardless of their age or other characteristics, no, you should not put yourself in the position of having to respond to a charge that, "Well, I didn't really want to sign it, but she said I should go ahead and sign if I wanted the severance." Having that sort of testimony can destroy your whole process and any or all of the releases could be tossed out as a result. Whatever time period you grant should be allowed. You should, however, say something like, "You have a maximum of (blank) days to consider and return your signed release. You can sign it as early as today or as late as (x). If, for example, you chose to sign today, you could receive your severance as early as (x). Or, your severance could be received as late as (x). And leave the seed planted at that.

franfields

Thanks Don, you are confirming what I thought. My question now is, do I have to give 21 days to anyone other than the protected class (I believe I have to do that) or can I give a week, for example?

Don D

You need a lawyer's input. It's my understanding that the law requires 21 days plus 7 for situations involving people over 40 if they are going to waive age discrimination claims. You could pay an attorney $200 bucks to lay this all out for you. $75 if he's relatively hungry.