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Avoiding the Legal Landmines of Employee Release Agreements

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.

Runtime: 88 minutes
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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 program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

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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.

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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Product ID: 399705
Published 2017
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