Description
Understand the practical and legal considerations of negotiating and preparing enforceable releases.When drafted properly, severance, settlement, and other release agreements offer employers a valuable opportunity to avoid costly litigation. To sidestep unwelcome challenges to these agreements, employers must understand the potential limitations on their enforceability and craft them to withstand court scrutiny. This topic will focus on the practical and legal considerations of negotiating and preparing enforceable releases, as well as tips for avoiding common mistakes made by employers in attempting to decrease risk and liability through the use of releases.
Date: 2020-06-10 Start Time: End Time:
Learning Objectives
Importance/Risks of Settlement/Severance Agreements
The Anatomy of a Basic Settlement/Severance Agreement
• Parties
• Consideration/Benefits
• Release
• Covenant Not to Sue
• Acknowledgments
Other Important Provisions • From A to Z
• Older Workers Benefits Protection Act
• Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) Reporting Requirements
• COVID-19 Issues
• Clawbacks
• Taxes
• Consulting
• Return of Property
• Confidentiality
• Non-Disparagement
• No Admission of Liability
• No Rehire Provision
• References
• Restrictive Covenants
• Choice of Law
• Court vs. Arbitration
• Jury Waiver
• Attorney’s Fees for Employer in Case of Employer Breach
• Jointly Drafted Provision
• Signed in Subparts
• Integration Clause
• Severability
• Assignment
• Employee Assistance (Outplacement/Transition Assistance)
• Cooperation (in Litigation, etc.)
• Prior Employment Agreements
• Federal Claims That Cannot Be Released
State Law Issues
• State Specific Laws
• Claims That Cannot Be Released
Signatures
Enforcement
CLE (Please check the Detailed Credit Information page for states that have already been approved) ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Burton D. Garland, Jr.-Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
