Signed waivers with pay protect discharge process

Article Abstract:

Employers are using waivers to reduce exposure to wrongful discharge suits. The discharge waivers are useful legal documents if they meet three criteria: (1) the waiver's signee receives something of value, (2) the signee is aware that the document divests him of certain legal rights, and (3) the waiver is signed voluntarily. The award to the signee in return for the waiver could be severance pay, outplacement services, or continuation of certain benefits. The award must, however, not be available to those who do not sign waivers. Lawsuits may be brought by terminated employees who have signed waivers; some of these cases are reviewed. Waivers are more likely to be upheld by courts, if the documents: state that signature is voluntary, stipulate the legal rights released, are also signed by the employer, and are accompanied by memos dating the receipt of the waiver and further explaining the waiver's use.

Laws, regulations and rules, Prevention, Employment discrimination, Covenants not to sue, Waiver

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Outplacement myths unlock the mystery of its ineffectiveness

Article Abstract:

Outplacement counseling (in-house or by an outside firm) can make the employee termination process less difficult for both employee and employer. Effective outplacement counseling should assist the employee to find satisfactory long-term employment as soon as possible, but it should not be considered a substitute for therapy or for an employment agency. Group outplacement services may be more appropriate than individual outplacement counseling in some cases, such as during layoffs. Outplacement services provided by employers are not intended to find jobs for ex-employees or terminating employees; the primary purposes of outplacement are: assisting individuals to handle employment termination on a psychological level and helping people determine their employment priorities prior to interviewing for new jobs.

Services, Employment services, Career development, Layoffs, Employee counseling

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Unemployment insurance: survive the system

Article Abstract:

Personnel managers need to be aware of how the unemployment benefits system works because employees who quit or who are fired may be eligible for unemployment insurance. To accurately access a situation, personnel professionals must be aware of requirements, which are set on a state-by-state basis, and assess reasons why individuals are separated in order to determine which workers qualify for benefits. Termination situations which need to be considered include voluntary quit, negotiated quit, and involuntary discharge. It is recommended that personnel professionals maintain proper documentation to comply with unemployment benefit requirements.

Methods, Analysis, Unemployment insurance

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