When navigating post-employment disputes, understanding the best employment dispute legal strategy is critical, especially in California, where the laws governing employee rights, confidentiality, and non-disparagement are uniquely protective. In scenarios where a former employer requests that a departing employee sign an attestation, careful legal analysis is essential. In this blog, we explore the strategic rationale behind one-way general releases and how to structure these agreements as part of a broader employment dispute legal strategy to avoid future legal exposure.
The Unilateral Burden of Signing an Attestation
In many disputes, employers demand that former employees sign attestations confirming that they did not misuse company data or breach their obligations. But agreeing to such a statement without legal safeguards can backfire.
Here’s why:
- It may lock the employer into a factual narrative that later becomes the foundation for a lawsuit.
- It may bolster the employer’s potential claims under the Computer Fraud and Abuse Act (CFAA), trade secret misappropriation, or breach of contract.
- It does not offer any reciprocal protections, such as closure, dismissal of claims, or a confidentiality agreement.
A smart employment dispute legal strategy acknowledges that any attestation must come with something in return, and preferably not in the form of a mutual waiver unless carefully negotiated.
Why No Release = No Protection
Without a formal release of claims from the employer, the employee remains vulnerable. Even after cooperating fully and signing the employer’s requested attestation, the employee may still face litigation or reputational harm.
An optimal employment dispute legal strategy demands:
- A one-way release of claims by the employer, releasing the employee from all known and unknown claims.
- Express California Civil Code § 1542 waiver language.
- Confidentiality and non-disparagement clauses.
- A clause confirming the employee has retained independent counsel for review.
In the absence of these provisions, signing the attestation offers no finality—only additional exposure.
Key Clauses to Include in a Release Package
When implementing your employment dispute legal strategy, a well-drafted document should include:
- Release of Claims: Employer waives all known and unknown claims.
- California Civil Code § 1542 Waiver: Language waiving unknown claims explicitly.
- Non-Disparagement & Confidentiality: Mutual if desired, or just imposed on the employer.
- Non-Contact Clause: Employer agrees not to contact third parties such as future employers.
- Attorney Review Provision: Clause acknowledging that the document was reviewed by counsel, increasing its enforceability.
Final Thoughts on Employment Dispute Legal Strategy
Post-employment conflicts often begin subtly—with a request for a signed statement. But even a seemingly benign attestation can carry serious legal consequences. Without a thoughtful employment dispute legal strategy, former employees may inadvertently bolster future litigation against them.
At the L.A. Tech and Media Law Firm, we frequently advise technology employees and executives on how to protect themselves when exiting a high-stakes employment environment. From ensuring confidentiality to minimizing liability exposure, our strategic legal approach can make the difference between peace of mind and prolonged litigation.
Schedule your confidential consultation now by visiting L.A. Tech and Media Law Firm or using our secure contact form. Principal Attorney David Nima Sharifi, Esq. has been consulting tech startups and executives on the legal and business affairs of innovation since 2007. Contact our Los Angeles Office to schedule your confidential consultation today.
