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.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
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
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on June 10, 2020.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Burton D. Garland, Jr.
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Shareholder at Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
- Employment practice includes litigating employment discrimination matters under Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Federal False Claims Act, and the various state counterparts to these federal laws
- Practice includes union avoidance counseling and campaigns, elections, objections to elections, R-Case strategy and litigation, collective bargaining, strikes and injunctions, arbitration, and unfair labor practice charges before the National Labor Relations Board
- Practice includes advising clients on employment-related matters and drafting personnel policies, employment contracts, severance agreements, and employee handbooks
- J.D. degree, St. Louis University School of Law; M.B.A. degree, St. Louis University; B.S.B.A. degree, University of Arizona
- Can be contacted at 314-802-3953 or [email protected]
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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