Separation from Employment / Release of Claims

Twin Cities attorney Thomas Wieser advises and represents employers in matters relating to separation of an employee and release of claims. With more than 40 years of practice experience in employment law, Tom has the right experience, skills, and knowledge to assist clients who are navigating an employee separation situation.

Release of Claims on Employment Separation

In some circumstances, an employer may seek a release of possible claims from an employee as part of the employee’s separation from employment. An employer in this situation is strongly advised to proceed with caution.

Various factors should be considered before additional compensation is offered to the employee in exchange for a release of any possible claims. The employer also should carefully evaluate what terms to offer to the employee, such as additional pay, COBRA insurance premiums for a specified number of months, a letter of reference, and payment for outplacement assistance for the employee.

In past practice, it was common for an employer to demand strict confidentiality and non-disparagement terms from the employee as part of a separation agreement. However, recent court and federal agency rulings have limited the scope of those terms.

Because of applicable laws and limitations, an employer should consult with an experienced employment law attorney before negotiating and finalizing a release of claims with a separating employee. Attorney Thomas Wieser has drafted and negotiated hundreds of separation agreements on behalf of employers and has the necessary knowledge to assist an employer in navigating a separation situation.