Re: Handling Sysads resignation/termination

["Thor (Hammer of God)" <thor () hammerofgod com>]

> 2) It is important to get a signature on a document that acknowledges
> that the person has not taken any steps to alter systems, data, etc.
> This cuts to the heart of intent if there is a problem alter on. In
> response to Susan Bradleys point, this is why signing the document is
> usually tied to any severence package being offered.

No, it's not.  I don't want to sound too harsh here, but this is not good 
advise... Well, to be more specific, it is not good "legal" advise. 
Requiring someone to sign a document in order to receive severance benefits 
could easily constitutes a state of duress (as I already said in my first 
email.)  It doesn't cut to the heart of intent at all, it cuts to the heart 
of "I signed what they forced me to sign so that I would get my last check 
so that I could feed my family." Additionally, in some states (note that 
this perspective is from a US mentality) signing a document exacting 
performance (regardless of direction) in exchange for benefits could 
actually be considered an employment contract, thus giving the 
to-be-terminated employee more rights to employment benefits than originally 
offered -- even in "at will employment" states according to citations of 
specific case law I've read regarding the matter.

But of course, you need to check with your lawyer on this point.  I don't 
take technology advise from my lawyer, and I would suggest to readers of 
this post that they don't take legal advise from technologists either.

> 3) The document should also address any intellectual property and
> non-compete issues. Even if the person has not done any tampering they
> still have a lot of information sitting in their head. This might be
> useful to a competitor or simply harmful to the company if released
> into the wild.

That *must* be addressed at employment.  NDA's and NC's need to be signed 
coming into employment, not leaving it.   But again, check with your lawyer 
on that.

> This process does not have to be done in a heavy handed way but should
> be done in a way that makes it clear that the company is paying
> attention.

Making someone sign something to get their final check *IS* heavy handed, no 
matter how nice you try to make it.  Addressing aspects of system state and 
security is something you build into the employment policy (not contract, 
unless you really want a contract) when people get hired, not when they are 
terminated or willfully leave employment.

t


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