Yes, your employer should file an amendment.
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Ask the employer's attorney. They should know.
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I don't believe it matters whether you suggest one way or the other. The company's attorney will advise the company how to proceed in this case.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.