Avoiding the Legal Landmines of Employee Separation and Release Agreements

• Overview
• Credits

Giving departing employees a separation agreement and release has become a standard business practice throughout the United States. Employers give them to their departing employees when the employees are being laid off or terminated, and sometimes even when the separation is voluntary. Other than serving to ease the employee’s transition, when done correctly separation agreements and releases are a powerful tool in minimizing legal risk. When not done correctly, however, they can create as many risks as they seek to avoid. These reference materials will address avoiding the legal landmines of employee separation and release agreements. Specifically, these reference materials will cover what every separation agreement and release should include; what claims cannot be released; whether class and collective actions can be waived; what is valid consideration; how long employees have to consider the release; specific requirements for employees over 40 and in reduction in force scenarios; and the latest developments in the case law across the nation on the enforceability of separation agreements and releases and the inclusion of arbitration provisions in separation agreements and releases.

Authors

Cheryl D. Orr, Drinker Biddle & Reath LLP

Self Study Credit - CD & Reference Manual

Sponsored by Lorman Education

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