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Back to the future: Signing a post-termination settlement affirmation before termination

May 2023 employment law letter
Authors: 
Mark I. Schickman, Schickman Law

The timing of settlement agreements has always been tricky business. You have to provide some time to consider it, a length sometimes set by statute at 21 or 45 days. But you also can’t have it signed too early and run the risk an employee will complain about something that occurred after they signed it. Finally, there are statutory and contractual limitations on releasing unknown or future claims. Would the employers release of claims provide any protection here?

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