Employee Severance Agreements
Crafting and Negotiating Enforceable Release and Pay Provisions
Recording of a 90-minute CLE teleconference with Q&A
Conducted on Tuesday, February 10, 2009
Recorded event now available
This seminar will examine current case law trends impacting employee severance agreements and offer best practices for employers in crafting enforceable release and pay provisions.
Description
As the economy continues its downturn, layoffs of corporate executives and managers continue to rise. Employers seek to protect themselves from future lawsuits by offering severance agreements to departing employees in exchange for a release and agreement not to sue the corporation.
In recent years, court decisions focusing on the legality of release agreements in employee severance contracts require employers to re-examine their practices regarding severance packages. Poorly crafted contracts can expose an employer to claims beyond those it originally sought to avoid.
Listen as our panel of employment law attorneys examines current case law trends impacting employee severance agreements and offers best practices for employers in crafting enforceable release and pay provisions.
Outline
- Case law trends
- Employee releases in severance agreements
- Standards for valid release
- What cannot be released?
- State specific requirements
- Best practices for drafting enforceable severance agreements
- Include consideration period and revocation period
- Avoid broad language; be specific
- Offer better benefits to older workers
- Use language that can be understood by any level of employee
- Add express disclaimer to your release clauses
- Leverage issues
- Overcoming impasse
Benefits
The panel will review these and other key questions:
- How are the federal appeals courts ruling on employee releases involving waiver of federal employment law and civil rights claims?
- What are some of the legal and practical issues and requirements underlying separation and release agreements?
- What are the best practices for negotiating and crafting enforceable severance agreements?
Faculty
Ian D. Meklinsky,
Partner
Fox Rothschild, Lawrenceville, N.J.
He works closely with in-house counsel to navigate the increasingly complex workplace-related rules and regulations mandated by the myriad of laws and provides practical advice on employment issues. He counsels and assists employers with the negotiation, drafting and enforcement of employment and severance agreements.
Harriet E. Cooperman,
Partner
Saul Ewing, Baltimore
She is chair of the firm's labor, employment and employee benefits practice group. She represents management in labor and employment law and litigation across a wide range of industries. She frequently appears as a speaker at American Bar Association annual meetings and national institutes.
James F. Glunt,
Shareholder
Buchanan Ingersoll & Rooney, Pittsburgh
His practice involves a wide variety of labor and employment issues. He helps clients avoid litigation through counseling regarding policies and procedures and government regulations. He also handles employment litigation in state and federal courts and before administrative agencies.
Ordering
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in AK, AZ, CA, CT*, MO, MT, NY*, TX, VT, WA. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, LA, ME, ND, NE, NH, NM, NV, OR, UT, WI, WV, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*For CT and NY, Strafford needs to process the CLE — see below to purchase this option.)
CD $297.00
plus $9.45 S&H
Available ten business days after the live event
CLE on CD Processing $65.00
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
I liked the combined depth of information and speed of presentation. Well done!
Andre Dalbec
SAANYS
I liked the different speaker perspectives.
Gina Fama
Standard Chartered Bank
This was my first experience with an interactive CLE. It was good not to have to leave my office for the program.
Patricia Hays
Vestcom International
The back-and-forth between the panelists made the program easy to listen to. The slides were very well done.
Chris Kelly
Mayer Brown
The three presentations created a balanced approach.
Cris Navarro
Enloe Medical Center
Employment & ERISA Advisory Board
Partner
Mayer Brown
Partner
Kelley Drye
Partner
Perkins Coie
Partner
Wick Phillips
Shareholder
Littler Mendelsohn
Shareholder
Greenberg Traurig
Partner
Gibson Dunn & Crutcher
Partner
Gladstone Michel Weisberg Willner & Sloane
Shareholder
Greenberg Traurig