All of these findings weighed On Carey`s assertion that he had not knowingly and voluntarily signed the separation contract. Accordingly, the Court of Appeal set aside the decision of the first instance. The solution of the language of a contract of sharing work and the release of rights is only half the duration of the termination of an employee. How you have a staff audit and sign a separation agreement can be just as important, if not more important, than the language itself. Keep the separation agreement short (2-4 pages) and easy to read, with legal limits. The agreement should indicate that the employee has been given a reasonable period of time to review the agreement and that he or she has been invited to consult with counsel. To indicate whether and to what extent the worker was allowed to negotiate the terms of the agreement. Carey felt pressured to sign the agreement because the vice-president watched it during the review of the document. Similarly, the agreement contained language with respect to New Jersey Law Against Discrimination and other employment laws, but Carey did not understand the agreement. Without consulting a lawyer and because he felt pressure, Carey signed the release at that meeting.
Carey then returned the severance pay and filed a complaint against NMC accusing disability discrimination and retaliation for taking medical leave. Carey`s case is instructive because it shows employers what needs not be done to get an employee fired. On the contrary, employers should keep in mind the following when proposing a separation agreement to each worker. Have redundancy forms translated into the languages of non-English speaking employees. If the employer is aware that many of the staff do not speak English, the employer can benefit from the assistance of a legal translation service to translate its authorization agreement to avoid confusion. Carey had only a high school education, although her 15 years in the roster can make up for something for a lack of college education. Carey only got five minutes to review the agreement, and he was right to feel the pressure because the vice-president looked at it. Carey had no say in the terms of the agreement. Carey stated that he did not understand the terms of the agreement.
Carey consulted and counseled, and his employer did not encourage him to do so. The Carey case is extremely useful in showing how to deal with employees who do not speak fluent English because Carey, the English-speaking person, himself stated that he did not understand the separation agreement. As a result, it may have been written in another language for him. Carey said the vice president told him that he could either sign the agreement and receive two weeks of severance pay, or not sign and receive nothing. Carey got five minutes to verify the deal. Neither the bureau chief nor the vice-president recommended that he consult a lawyer. We have blogged about the importance of legal contract translation services for companies of all sizes. If the time has come to terminate an employee, you would generally consult legally.
You would check the different models of other separation agreements. You would change and polish the language of the separation agreement and release the claims your company will use in the future.