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Is it possible to have the employee waive his right to a wrongful termination lawsuit? A waiver seems to be a condition of many severance packages, although I'm not sure how enforceable it is. Could thorough and actionable analysis be treated as a form of severance?

It's not a perfect solution, but I'd prefer the option if I were in that situation. The expected value of a wrongful termination suit might be less than good career advice.

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This would likely become the employment equivalent of those fine-print "Buy ordering from our website, you agree to not write disparaging reviews of our products." policies on various web outlets. By all accounts non-enforceable, but more than likely would just be used as a bullying tactic against people who lack the funding to take it to court.

Can you imagine bringing that up?

Hi, you're fired, but here sign this legally binding contract so I can tell you why you are a terrible employee.

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