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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?

What about if an employee files a discrimination claim under Title VII of the Civil Rights Act of 1964 or the Equal Pay Act, can the company demand the return of funds received in exchange for the employee signing a release of rights? A recent ruling out of the Sixth U.S. Circuit Court of Appeals addresses the “tender-back” doctrine and the timing of getting severance pay back.  

And, recently a federal court in Mississippi ruled that an employee terminated as part of a reduction in force who signed a release agreement and received more than $16,000 in severance pay and then filed a wrongful discharge claim didn’t have to give the money back. Fair? Perhaps not, but when it comes to severance agreements, the law isn’t always on the employer’s side.

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 as evidenced by the cases above. Additionally, if you go about it wrong, you may actually be increasing your lawsuit risks. Yikes!

But, fear not! Help is here in the form of our brand-new webinar with David Monks, an attorney with Fisher Phillips.

Use this on-demand webinar when 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
  • Severance health benefits, which raise COBRA interaction issues 
  • And much more!

Register now for this webinar, featuring live Q&A, to learn how severance agreements done right can help protect your company when you need to let someone go.

About Your Presenter

David MonksDavid Monks, Esq.
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.

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