If I were to include the following statement in my resignation letter would it hold any legal weight?
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If I were to include the following statement in my resignation letter would it hold any legal weight?
“I do not authorize (employer) to release any of my personnel files to a third party in the future regardless of any release of information signed on a later date”
Asked on November 13, 2012 under Employment Labor Law, Montana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, it would have no legal effect whatsoever: something that a person says or writes unilerally (on their own) does not create a binding or enforceable agreement or promise. To make this enforceable, not only 1) would the employer have to demonstrate that it agreed to it, such as by countersigning the letter, but also 2) you would have to give the employer something of value (the legal term is "consideration") to bind the agreement, such as by agreeing to not receive some pay or other compensation (if any) to which you are otherwise entitled, providing some free work or consulting for the employer, etc.
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