Legal Question in Employment Law in New York
Waiver And Release Agreement for Severance Pay
After 26 years, my analyst position was eliminated; I was terminated. Employer requires me to sign waiver and release to receive 68 weeks severance. Provisions:
1)We agree my employment terminated. 2)Co. will pay if I don't revoke agrmnt after signing. 4)I accept in satisfaction of any & all claims. 5)I won't sue or assist others to sue. 6)I won't sue under any laws, but I'm not prevented from receiving benefits I'm entitled to under ERISA, workers comp, etc. 8)I agree to protect confidential info. 9)If court invalidates any prov., others valid; except if 1,4,5,6 invalid, co. may term. agreement, then employee returns pymt. 11)I agree to be available to co. & counsel to testify in any litigation or potential litigation over which I have knowledge or expertise; will be paid for testimony; I will notify co. if I receive any verbal or written request about my or others' employment, cooperate with co. & counsel, help narrow the request. Material provision. Breach requires return of severance & pay co. attny fees.--I don't like #11. It's too open ended? Seems they can call upon me any time to help them fight a lawsuit? Can I get #11 limited,a time limit or insert wording: ''without placing undue hardship on me''? A Reasonableness std.?
2 Answers from Attorneys
Re: Waiver And Release Agreement for Severance Pay
You can always ask. They are free to accept or reject the term.
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Re: Waiver And Release Agreement for Severance Pay
You can always try. They may say okay.
If you think about it, the company's attorneys could always subpoena you to testify whether you wanted to or not anyway; I don't know exactly what your position was, but they are agreeeing to pay you for testifying.
That is unusual in a severance agreement, although I have seen it for engineers, designers or architects, where the company may need a retired employee to help defend for a product liability, or similar type of action. Essentially, "reasonableness" is implied in that provision because I doubt they would waste your time for no good reason.
I have some trouble with the wording of "verbal or written request about my or others' employment"
but I think you may have summarized it. Its a cute
clause all around.
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