In particular, the New Jersey Court of Appeals stated that it must consider whether Carey`s enforcement of the agreement was knowledge and voluntary. In making this decision, the court indicated that it was considering “all of the circumstances,” including many factors such as Carey`s level of education and business experience, the time he was given to verify the agreement, whether Carey had a say in the terms of the agreement, the clarity and intelligibility of the agreement, whether Carey was encouraged to consult a lawyer and whether he did consult a lawyer. Translation of a release of liability form (waiver): Although the first instance summarily dismissed Carey`s appeal on the basis of the signing of the separation agreement, the Court of Appeal saw the case differently and looked beyond the mere signature of the document. On the contrary, the Court of Appeal considered the circumstances that led to Carey`s decision to sign the agreement. All of these findings weighed On Carey`s assertion that he had not knowingly and voluntarily signed the separation contract. Accordingly, the Court of Appeal set aside the decision of the first instance. The Carey case is extremely useful in showing how to deal with employees who do not speak fluent English because Carey, the English-speaking person, himself stated that he did not understand the separation agreement. As a result, it may have been written in another language for him. The solution of the language of a contract of sharing work and the release of rights is only half the duration of the termination of an employee. How you have a staff audit and sign a separation agreement can be just as important, if not more important, than the language itself. Keep the separation agreement short (2-4 pages) and easy to read, with legal limits. The agreement should indicate that the employee has been given a reasonable period of time to review the agreement and that he or she has been invited to consult with counsel.
To indicate whether and to what extent the worker was allowed to negotiate the terms of the agreement. Carey felt pressured to sign the agreement because the vice-president watched it during the review of the document. Similarly, the agreement contained language with respect to New Jersey Law Against Discrimination and other employment laws, but Carey did not understand the agreement. Without consulting a lawyer and because he felt pressure, Carey signed the release at that meeting. In that case, the applicant Carey worked for NMC as a distributor. Carey was a high school graduate who had been in the workforce for about 15 years, and he had worked for NMC for about three years. He requested a two-month leave of absence for pneumonia and was given a two-month leave of absence. On the day he returned to work, the office manager and vice-president of NMC met with Carey and told him he was fired.
They then gave Carey a separation and release agreement. Strongly recommend legal aid for translation. The employer may consider having an on-demand legal translation service when a dismissed worker is offered an authorization. In this way, the employer can ensure that the release contract has been read to the employee in his main language in order to avoid confusion.