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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5731
Experience:  Exclusively practice labor and employment law.
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What are the risks of an employee asking settlement

Customer Question

What are the risks of an employee asking for a settlement agreement during a disciplinary proceedings in an "OPEN LETTER". The employee has serious personal health and family issues (medical records etc) and continuing with a protracted investigation can be detrimental for his health. He wants to put an end to it so offering to resign considering few conditions are met via a compromise agreement. The without prej discussions were not fruitful hence the desire to send an open letter to get clear answers. the employee will make it clear that this is purely on health grounds and no culpability on his part - have submitted robust defence etc already.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

What the employee needs to be careful of is making an admission of guilt through the offer to settle. The settlement offer should be prefaced with the statement "this offer is for the purposes of settlement only and should not be viewed as an admission of culpability by employee."

Expert:  John replied 1 year ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 1 year ago.
thanks - it will clearly have the reason being on health grounds and a statement clarifying it. Can the employee ask and get permission to take his friend (non colleague and trade member) to the hearing considering his health and whom he feels comfortable with to share the details etc
Expert:  John replied 1 year ago.

Yes but nothing mandates the friend be allowed into the hearing.