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Comment by throwaway1979 | Hacker News Reader

throwaway1979·

Sorry for being thickheaded. I want to clarify the point of contention. The way I understand it ... the company wanted him to sign the release without "any real consideration". The claimed consideration was the employer would pay the employee his owed wages. I totally understand that this is not real consideration - they owed the employee this anyways. But what kind of consideration should/could he have expected?

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I see it as they had removed the "continued mutual goodwill" from the equation, and were offering nothing additionally. (If my current employer asks me to sign something without any additional incentive, I'm not going to say no without inspecting it, since our continued mutual goodwill is important to me.)

That kinds of puts them into the same category as someone who comes up to you on the street and asks you to sign something. You don't owe them anything - there's no goodwill - there's no upside. They get "basic politeness" but not co-operation.

Sure, it might not cost you anything to sign, but you'd at least need to spend the effort (or money for a lawyer) to ensure that.

I've seen "severance" offered in exchange. E.g. we'll pay you what we owe you, but if you sign this we'll give you an additional month of salary.

This is whats termed a compromise agreement basically if you pay me x I will go quietly and your right just paying what your owed is not acceptable.

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