Successful Employer Separations: Training and Tips

Sherman Law Corporation has guided both employees and employers in negotiating separations of employment that fully resolve employment-related claims by both parties.

While the number of separations for employers have run the gamut, anytime our assessment has raised the potential of legal exposure to the employer, we have successfully guided employers through various options, including, without limitation, counseling, demotions, transfers, granting or extending leaves of absences, and exploring potential separation with the employee. Examples include:

Employee just complained of harassment one month before employer wants to terminate that provides the employee with a retaliation claim;
Employee participated as a witness in a discrimination investigation three months earlier such that the employee could maintain a wrongful termination claim for his involvement as a witness;
Employee has worked as a bookkeeper for a long time and knows about prior claims, company legal vulnerabilities;
Employee disclosed that he is an alcoholic and wants to attend rehabilitation which is a protected reasonable accommodation;
Employer has misclassified employee as contractor or exempt employee and exposure exists for others
Employer learns that employee has been subjected to racial slurs with no action taken
Employer has not complied with leave laws and continuation of leave is required
Employee recently filed workers’ compensation claim

This includes, scripting the meeting to discuss how to resolve the issues, including, exploration of options that include, proposed terms of a separation agreement, negotiation of the terms with the employee, preparation of the proposed separation agreement, that includes a release of claims in exchange for various monetary and non-monetary terms, and if, unsuccessful, documentation of alternative options that best position the employer.