Leaving a Company

HRManager

Does anyone have any kind of form letters for when someone is no longer employed full time with a company. For example, if a co-owner's status changes and we want to have waivers signed saying certain things. One thing would be - "I guaranteee that there is no way I can get into the server" or "I certify that our company is totally software complient". Is it just a matter of something simple like these? This person is very smart and we want to cover our rear ends.

Brad Forrister

This sounds like the kind of situation where you really don't want to use a form letter. Separation agreements/waivers/releases are frequently fairly simple, although there are some special hoops if the separated employee is subject to the ADEA.

Normally, when a company asks an employee to sign such a waiver/release, it's trying to get the employee to agree that there are no grounds for the employee to sue the company.

But if the separating person is a co-owner, and if you've got some items that you want the separating person to warrant to the company (trade secrets, software compliant, etc.), you probably ought to make sure your ducks are in a row legally. I'd draft a letter very specifically tailored to the circumstances and then run it by your employment law or corporate law attorney.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers