Seperation Agreement and Release of Claims

klehner

Hi,
My first post....love the site
I have an employee in Tauton Mass. that we had to lay off and sent him a Seperation Agreement and Release of Claims form in order to get his severance check. He waited to sign so I called to make sure he received the agreement. He said he had already signed it but had some reservations. We talked about his concerns and he said he would overnight the form. I reminded him that his severance check would be mailed 7 days after I receive the agreement, the revocation period. He told me that the agreement said "7 days from the date that was signed" Do I go by the date that was signed, or the date that I received the agreement. I feel he might be able to legally say that after I spoke with him he made a decision too quickly and changed his mind 6 days after the check has already been sent. What do you all think?
Thanks
Kimberly

HR in CA

In my separation agreement it states 7 days after the last party signs the agreement, which for remote employees is mine. I wououldn't send the check without having the original signed agremment in your hand. I think this person is trying to get the cash without having to be bound to the agreement. Proceed with caution!

hrbanker

If the agreement says "7 days from signing", but he didn't get it back to you until well after the date he signed it, I would use the date he returned it to you, which you can verify by the envelope date.

If his signature was notarized or witnessed, I would use the date of signature.

Of course, your legal counsel is who can really help you with this problem.

klehner

Thanks for your advice. Unfortunately, we are a small company and do not have an attorney. I am going to hold on to the check until we get through the 7 days.

Shadowfax

If you have the signed agreement in hand, and, it has been 7 days since the dated signature - I would issues the check. Presumably you wanat this ee to be bound by the agreement or you wouldn't be entering into it. If you have concerns he may be soft,all the more reason to comply with the terms of your own agreement rather than give him basis to say you breached the terms and he is no longer bound. If you are talking significant severance, or, significant exposure to some sort of litigation, it would be worth every penny (well at least with a reasonable atty) to dummy up a few bucks and get an opinion, which, if he is wrong, may give you the insurance you need if you guess incorrectly.