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90-minute live streaming program
  • January 25
  • 1:00 - 2:30 pm EST

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Avoiding the Legal Landmines of Employee Release Agreements

January 25

With a myriad of employment laws that are implicated in employee release agreements, it is essential that employers understand the various provisions included.

This topic will address provisions typically found in separation and severance agreements, and how to properly prepare such provisions to comply with the law and meet the goals and needs of the parties. This content will also address potential claims arising from release agreements, and how to avoid them. This material will provide practical guidance to legal and human resources professionals on how to comply with the variety of laws implicated by preparing and entering into such release agreements.

Learning Objectives

- You will be able to review provisions typical of release agreements.

- You will be able to discuss tax issues with continued healthcare and other benefits coverage.

- You will be able to identify OWBPA requirements.

- You will be able to explain waiver of wage claims and the evolving law.

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Why Lorman?

Over 30 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

Provisions Typical of Release Agreements (Separation Agreements and Severance Agreements)
  • Introductory Provisions
  • Monetary Provisions
  • Stock/Equity Provisions
  • Other Nonmonetary Consideration
  • Dismissal of Pending Charges, Suits, etc.
  • Waiver and Release
  • Restrictive Covenants
  • Confidentiality, Nondisparagement, References, Cooperation, Nonadmission
  • Choice of Law, Venue
  • Return of Company Property
  • Offset of Severance Pay by Amounts Owed to the Company
  • Misc. Provisions
Employee Benefits/Tax Concerns
  • 409A: Potential Tax Liability Resulting From Payments
  • Tax Issues With Continued Healthcare and Other Benefits Coverage
  • Stock Options and Other Equity Awards
  • When Does a Separation From Service Occur for Tax and Benefit Plan Purposes?
Employment Concerns
  • OWBPA Requirements
  • Claims That Cannot Be Waived as a Matter of Law
  • Waiver of Wage Claims and the Evolving Law
  • Waiver of Specific Claims vs. General Waiver
  • Referencing Policies and Other Documents and Retention of Documents
  • Potential Claims Arising From Releases
  • Challenges to Releases
  • Recent SEC Guidance on Provisions Relating to Whistle-Blowers and Protected Activity
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Why Lorman?

Over 30 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 Webinar

This course was last revised on January 25, 2017.

Call 1-866-352-9540 for further credit information.

Live Webinar Registration

  • AL CLE 1.5
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
     
  • AR CLE 1.5
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board.
     
  • Arizona CLE 1.5
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
     
  • CA MCLE 1.5
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • CO CLE 2.0
     
  • This program may qualify for 2.0 credit hours through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • GA CLE 1.5
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours.
     
  • HI CLE 1.5
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours.
     
  • IL CLE 1.5
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board.
     
  • ME CLE 1.5
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit under M. Bar R. 12.
     
  • MO CLE 1.8
     
  • This program has been approved by the Missouri Bar for 1.8 hours of CLE.
     
  • MS CLE 1.5 (Pending)
     
  • This program has been submitted to the Mississippi Commission on Continuing Legal Education. Approval pending.
     
  • MT CLE 1.5
     
  • This program has been approved by the Montana Commission of Continuing Legal Education for a total of 1.5 CLE credits.
     
  • NC CLE 1.5
     
  • This program has been approved by the North Carolina State Bar Board of Continuing Legal Education for 1.5 CLE hours.
     
  • NH MCLE 1.5
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 90 Minutes.
     
  • NJ CLE 1.8
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit.
     
  • NV CLE 1.5
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours.
     
  • PA CLE 1.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours of substantive law, practice and procedure CLE credit.
     
  • RI CLE 1.5
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
     
  • TN CLE 1.5
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit.
     
  • VT CLE 1.5
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit.
     
  • WA CLE 1.5
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of credit.
     
  • WI CLE 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement.
     
  • WV MCLE 1.8
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours.
     
  • HR Certification Institute 1.5
     
  • This program has been approved for 1.5 recertification credit hours toward general recertification through the HR Certification Institute. For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
     
  • SHRM 1.5
     
  • Lorman Education Services is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.5 PDC(s) for the SHRM-CP or SHRM-SCP. For more information about certification or recertification, please visit www.shrmcertification.org
     
  • CPE 1.8 including Personnel/HR 1.8
     
  • Lorman Education Services is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its web site: www. learningmarket.org. For more information regarding administrative policies such as complaint and refund, please contact our offices at 866-352-9539. CPE Credit: Maximum Credit Hours: 1.8 each session (based on a 50 minute credit hour). You must attend at least 50 minutes to obtain credit. Field of Study: Personnel/HR for 1.8 hours. Prerequisite: . Level of Knowledge: Intermediate. Teaching Method: Seminar/Lecture. Advance Preparation: None. Delivery Method: Group Internet Based. Please refer to the information in this brochure for outline, course content and objectives. Upon completion of this course, you will receive a certificate of attendance. Final approval of a course for CPE credit belongs with each state's regulatory board. Please note: In order to receive CPE credit for this course you MUST use the streaming audio option, as well as enable and complete the required progress checks.
     
  • Lorman Business Center, Inc. is a registered provider for CPA CPE through the State Education Department of New York, Sponsor number: 000640. The following course will carry the subject area of Advisory Services for 1.5 hours.
     
  • Lorman Business Center, Inc. has registered with the Texas State Board of Public Accountancy as a CPE Sponsor. This registration does not constitute an endorsement by the Board as to the quality of our CPE Program. This program qualifies for 1.5 hours of continuing professional education.
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York or New Jersey or Kansas. Other states do not need to supply the CLE Code to apply for CLE credit.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
  • HRPD 0.5
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York or New Jersey or Kansas. Other states do not need to supply the CLE Code to apply for CLE credit.

MP3 Download

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MO CLE 1.8
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in New York or New Jersey or Kansas. Other states do not need to supply the CLE Code to apply for CLE credit.

Who should attend?

This live webinar is designed for human resource managers, personnel managers, business owners and managers, benefits and payroll professionals, controllers, CFOs and attorneys.

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Can't Attend?

More Program Information

Why Lorman?

Over 30 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

Thomas F. Hurka

Thomas F. Hurka

Morgan, Lewis & Bockius LLP

  • Partner at Morgan, Lewis & Bockius LLP
  • Represents employers in U.S. federal and state court, before government agencies, in corporate transactions, and in collective bargaining proceedings
  • Counsels and represents clients in class actions, collective actions, and litigation involving restrictive covenants, unfair competition, misappropriation of trade secrets, breach of fiduciary duty, fraud, and breach of contract disputes; his clients range from retail, finance, automotive, pharmaceutical, and airline companies, to manufacturing, technology, insurance, accounting, and professional services enterprises
  • Experience in matters involving the ADA, ADEA, FLSA, FMLA, and ERISA, WARN, Title VII, Uniformed Services Employment and Reemployment Rights Act, National Labor Relations Act, Fair Credit Reporting Act, and state and local employment laws
  • Lectures and publishes regularly on a variety of employment-related topics
  • J.D. degree, University of Pittsburgh School of Law; B.A. degree, University of Rochester
Mims Maynard Zabriskie

Mims Maynard Zabriskie

Morgan, Lewis & Bockius LLP

  • Partner in the Philadelphia office of Morgan, Lewis & Bockius LLP
  • Advises on complex executive compensation and employee benefit plan matters, including the design, negotiation, and implementation of executive compensation, equity compensation, and tax-qualified retirement plans and shareholder approval of equity plans
  • Has an extensive background in working with Fortune 500 companies, technology and bio-tech companies, and other publicly and privately owned businesses
  • Active in a variety of professional and civic organizations, and lectures frequently on executive compensation and equity compensation issues
  • Listed in The Best Lawyers in America (1995 to 2017), Women Lawyers of the Year (2016) and Chambers USA (2007 to 2016)
  • J.D. degree, University of Virginia; B.A. degree, Vanderbilt University
  • Can be contacted at 215-963-5036 or [email protected]
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Why Lorman?

Over 30 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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Product ID: 399705
Published 2017
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