Tag Archives: termination agreement

Employee Terminations: Delaying the Inevitable is Inevitably Bad for the Company

Employee terminations are an unfortunate reality of every business. But that doesn’t mean employers and their managers are good at carrying out terminations.  Take for example a response Sir James Dyson (yes, the vacuum guy was knighted by Queen Elizabeth II in 2006) gave when he responded to Bloomberg Businessweek’s “Ask a Billionaire” feature that … Continue Reading

Carefully Defining “For Cause” Termination in Employment Contract Critical to Avoid Paying for Misconduct

The apparent resume fraud by Yahoo’s former CEO Scott Thompson is grabbing headlines after he became the most recent departure through Yahoo’s CEO revolving door; He was the fourth CEO to step down in five years. But the real expensive lesson that companies should study from this embarrassment is how to carefully draft executive employment … Continue Reading

How to Terminate an Employee – Baseball Bat Optional

Bloomberg Businessweek recently featured in its “How to Issue” insight from the manager of the Baltimore Orioles, Buck Showalter, about how to terminate an employee. Mr. Showalter has been a Major League Baseball manager for 14 seasons. Among his recommendations for letting an employee go:  You’re trying to define reality as you and the organization see … Continue Reading

Exploring an Employer’s Obligations to Pay Accrued Vacation and Severance under Michigan Law

Vacations and the weekends – it’s what we often work for. But what happens when a termination ends the work and there is unused vacation time?  A number of employers have been updating their employee handbooks and policies. In doing so, these employers often raise questions about both vacation pay and severance packages. More specifically, … Continue Reading

Asking Departing Employees to Sign a “Legal Hold Waiver” is the Wrong Tool for Meeting E-Discovery Preservation Obligations

Craig Ball, a top-shelf e-discovery thought leader, recently wrote a blog post asking “Should a Legal Hold ‘Waiver’ Be Secured from Departing Employees?” As explained below, the answer is no.  But first for background purposes, a party – an individual or business entity – has an obligation to preserve information, in any format, e.g., documents, … Continue Reading

Does Your Employment Separation Agreement Mean What You Think it Means? Michigan Court Addresses Meaning of “Disparagement”

A recent Michigan Court of Appeals opinion highlights the importance of clearly and precisely drafting separation agreements. Meaning of “Disparagement”  In Sohal v. Mich. State Univ. Bd. of Trs. & Davoren Chick M.D., (May 17, 2011) the parties executed a Resignation Agreement and Release relating to Plaintiff’s agreement to voluntarily resign from MSU’s medical residency program. … Continue Reading
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