If a terminated employee signs a release in exchange for an additional severance payment and then begins legal action against the employer anyway, can the employer try to get that payment back?
Question: If a terminated employee signs a release in exchange for an additional severance payment and then begins legal action against the employer anyway, can the employer try to get that payment back?
Answer: Regular readers know that the reason for obtaining a full and final release at the time of or after dismissal is to prevent litigation. That is why it is often advisable to offer the employee more than they are legally entitled to in order to provide legal consideration for the release.