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Severance Agreements: When to Use Them and How to Draft Them to Limit Company Liability - On-Demand

Severance Agreements: When to Use Them and How to Draft Them to Limit Company Liability - On-Demand

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Severance Agreements: When to Use Them and How to Draft Them to Limit Company Liability - On-Demand

Webinar now available On-Demand.


WEBINAR SNAPSHOT: Learn when and how to use severance agreements and minimize liability risks stemming from terminations or layoffs.



You’re letting one or more workers go—should you offer severance? If so, how much? And will the severance payment and agreement fully protect you from the possibility of a future lawsuit?

While a signed severance agreement can provide some protection from future litigation, it’s not an ironclad guarantee—and some risks simply cannot be waived. Additionally, if you go about it wrong, you may actually be increasing your lawsuit risks. Yikes!

When it comes to handling severance, the devil often lies in the details. For instance, employers are faced with challenging questions such as:

  • Are there legal requirements that severance must be paid out in a lump sum rather than over time? 
  • Can an employer hold severance pay for the return of employer equipment? If so, what is the required turnaround time to make payment once equipment is received? 
  • Is there ever a case where severance pay would be mandatory? 


Questions like these and more come up all the time. But, fear not: Help is here in the form of our brand-new webinar with David Monks, an attorney with Fisher Phillips.

Use this rebroadcast of a widely popular webinar on-demand with David Monks, an attorney with Fisher Phillips. He’ll go through the ins and outs of the good, the bad, and the prohibited when it comes to severance agreements—so you can be confident that you’re reducing your legal risks rather than adding to them.

You’ll learn:

  • The keys to severance agreement compliance—what you can say, what you should never say, and everything in between 
  • Whether it’s a good idea to allow someone to resign (rather than being terminated) to avoid having to explain a firing to future employers 
  • Tips for drafting an effective severance or separation agreement, including the use of plain English 
  • The types of claims you’re permitted to release with proper monetary consideration—and the ones you simply can’t 
  • Pointers on how to best communicate with your employees about their severance agreements, what they can and can’t do, and ways to answer common questions 
  • Tips for handling employees who may become combative or litigious when faced with termination 
  • Language that should be included in every severance agreement 
  • Special rules that apply to older workers—who are protected by the Older Workers Benefit Protection Act, and the practical impact these rules have on your severance agreements 
  • How to avoid any hint of coercion in your conversations with departing workers 
  • What to do when an employee refuses to sign—or threatens to sue 
  • Practical strategies on how to review your company’s severance agreements before you need them 
  • How ERISA may apply to severance 
  • Severance health benefits, which raise COBRA interaction issues 
  • And much more! 


Learn how severance agreements done right can help protect your company when you need to let someone go.

About Your Presenter

David Monks, Esq. David Monks, Esq. 
Partner 
Fisher Phillips

David Monks is a partner in Fisher Phillips’s San Diego office. He counsels employers on a wide variety of matters, including employee discipline and termination, wage-and-hour issues, disability accommodation protocols, family and medical leave issues, investigations of harassment and other misconduct, and independent contractor issues.

In addition, Mr. Monks has substantial experience defending employers and managers against lawsuits and administrative claims involving discrimination, harassment, defamation, breach of contract, and violations of wage-and-hour laws.

As an avid proponent of proactive training and compliance, he presents training seminars on preventing harassment and discrimination in the workplace, workplace investigations, wage-and-hour compliance, disability management and accommodation, and other areas.

Mr. Monks’s practice has included assisting religious organizations, restaurants, hotels, school districts, credit unions, homeowner associations, professional employer organizations, franchisors, retail markets, and medical practices.

He has been selected for inclusion in San Diego Super Lawyers since 2007 and he has also been recognized in The Best Lawyers in America since 2013.

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