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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1952
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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My company is having a re-organization and one employee volunteers

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My company is having a re-organization and one employee volunteers to be laid off. In the severance agreement we need to state how the decision was made (i.e. how the employee(s) was selected for termination), should we say that he volunteered to be laid off or should we say that the company selected him for termination?
Either one is fine, but by saying that he volunteered you protect yourself from a number of other claims later on. First, if he volunteered to go, then he has no grounds to bring any type of discrimination lawsuit against you later on. (Though you should also have similar language stating the same somewhere in the severance agreement) Second, if you want to later deny this person from collecting unemployment, you can use this document to show that they voluntarily quit, and thus left the job through fault of their own and thus cannot collect unemployment.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

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