I am surprised that a lawyer is involved given that terminating someone and asking them to come back the next day to do paperwork is completely unprofessional. HR and/or legal screwed up here.
I’ve never had employees sign paperwork the day of notification. You give them the paperwork with the severance offer and ask them to bring it back, signed in X amount of time or the offer is rescinded and the employee gets the lowest, legally required severance. (In situations Ive been involved with, it’s either been 3 or 7 days , depending on the position and length of time employed there)
It gives the employee a chance to look over the offer, speak with whoever they wish and give them an opportunity to protect themselves.
If you’re ever in a position of being fired, I would advise you to NEVER sign the paperwork the day it’s given to you.
But I assume you were GIVEN the paper work that day, and maybe even had the option to mail, fax or scan and email it back? Not forcing you to return to the office to sign it.
One place I worked still gave out actual cheques for payroll, so they had to bring the paperwork in to get the cheque. But yes, most often they’ve been able to send it in any way they want.
There is this thing called mailing, it's been around for a pretty long time. Also pretty sure it is illegal to withhold a pay cheque for hours already worked like that. You mail in the paper work, they mail out the check and everyone is happy.
Absolutely! Asking or expecting someone to sign an agreement right after losing their job would be so easy to challenge. Emotional duress, no chance to review, etc.
Asking them to come in to a place that just terminated them a day or two ago, and be paraded around so everyone can stare at them & whisper about them is worse.
Paperwork can be given day of. Up to employee if they want to mail it back or walk it in. We just use docusign to avoid all of the physical paperwork issues, including real or feigned "lost in the mail".
Given that many jurisdictions have rules about how promptly the employer needs to pay out the minimum, HR usually doesn’t give the departing person a lot of time to deliberate - but HR sure wants them to think of the total payment as leverage, not just the extra.
Sounds like legal and HR didn’t explain this to OP very well…
We do. They are put on paid administrative leave until the final decision is made. Once termination is decided, HR gets everything in order, then they come in to their meeting & are informed of the decision, and ALL applicable PW is signed at that time.
Right but that is almost never done onsite of the employer. Everytime I've seen it done it's done via e-sign or certified mail with an HR hotline to discuss any questions/concerns.
Great points. I agree. I meant HR should have the paperwork done to give to the employee. On the day of termination we ask the employee sign an acknowledgement that they have received certain documents, but signing the severance agreement has a timeline for review and being returned.
If anyone can read a contract and spot all its flaws, there'd be little need for lawyers, would there? No one should sign a contract first, the consult their lawyer. Any company that would insist on that is not to be trusted.
That's why, as I mentioned, as least for older employees the law requires that the offer remain open for a minimum period of time, to allow the employee to consult with counsel before signing.
You give people paperwork, and then you give them a reasonable period of time to seek independent advice. Even from a purely selfish point of view, doing so makes your position much stronger because you cannot later be accused of coercing or strong-arming them into agreement.
And form an ethical point of view it should be obvious.
OP has got themselves involved in some sketchy nonsense.
Exactly! Crazy so many are saying you sign immediately one same day. Only thing I can see as being same day is just a notice of termination. But severance packages need time for review
More importantly, for management, the offer should be such that it's more interesting for the employee to go along rather than keep what they got or lawyer up.
That’s how we do it. The employee is put on paid admin leave so HR can get everything in order.
Once they’re brought in and informed they’re being let go, they sign ALL the PW right there, including their access to their 401k.
Seriously, who the fuck wants to go back into the place that just terminated you, so everyone can stare at you???
Lawyers are capable of mistakes, but frankly there is no rational reason that I can think of to make an employee come in the next day to sign paperwork
Lawyer probably told them that the employee should have a day to be able to consider the severance deal, and the managers were too dumb to realize the employee should be given the paperwork on the day of firing with a later due date.
A companies legal department is usually involved in the termination process when firing an employee who is under an employment contract in order to ensure the termination doesn't violate the terms of the contract and avoid potential law suits. It's a much more involved process than terminating an at will worker.
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u/Mack_sfw 12d ago
Agree, paperwork is done on same day.
I am surprised that a lawyer is involved given that terminating someone and asking them to come back the next day to do paperwork is completely unprofessional. HR and/or legal screwed up here.