Should a Legal Hold “Waiver” Be Secured from Departing Employees?

http://ow.ly/7DCYg

An article by Craig Ball, Esq. on the Ball in Your Court blog.

This article discusses the need to possibly obtain legal "waiver" from employees that are leaving from their position.  The article states, "Not every reduction in force is a precursor to litigation; in fact, the majority of terminated employees do not sue their former employers. Yet, any labor lawyer or HR person worth her salt would caution an employer to assess the potential for a subsequent suit and initiate preservation if litigation is reasonably anticipated.

That’s sound advice, but it tends to be overlooked, especially when the separation isn’t marked by angry accusations. Most terminated employees slink off without screaming, “You’ll hear from my lawyer!” How do we bring a soupçon of certainty to the preservation process?"

The article provides a link to another referenced article written by Mark Sidoti, of the Gibbons Law firm.  The article referenced by Mr. Ball provides additional insight into this topic.