Reaffirmation letter (two-stage settlement)

by Practical Law Employment with thanks to Sarah Henchoz of A&O Sherman

A Standard Document providing a template reaffirmation letter for use in a two-stage employment settlement agreement process. This letter is designed for situations where there is a material gap between the signing of an initial settlement agreement and the employee's final termination date. It requires the employee to reaffirm the waivers and warranties made in the original agreement on or shortly after their termination, a process often referred to as a "second signing." The payment of the termination payment is made conditional on the valid execution of this letter. This approach is intended to protect the employer from potential claims that may arise during the interim period. It addresses the statutory conditions for a valid waiver of claims under employment legislation. For an equivalent letter suitable for use in Scotland, see Standard document, Reaffirmation letter (two-stage settlement) (Scotland).