Learn how to structure a legally sound early retirement incentive plan.
Workforce reductions can be both difficult and tricky. Employers seeking an alternative to involuntary reductions in force often consider alternatives to reducing their workforce, including voluntary Early Retirement Incentive Programs. When crafting an Early Retirement Incentive Program, however, employers must be careful to ensure that they are complying with their legal obligations – including in particular obligations and requirements under the Age Discrimination in Employment Act (ADEA), which provides a 'safe harbor' for voluntary Early Retirement Incentive Programs. Employers also have a vested interest in ensuring that any Separation Agreement and Release of Claims associated with their Early Retirement Incentive Programs is both legally-compliant appropriately tailored to the company’s needs.
This topic will focus on the primary factors and steps associated with considering, developing and implementing an effective – and legally-compliant – Early Retirement Incentive Program. Join us to learn the pros and cons of implementing a voluntary Early Retirement Incentive Program in your workplace, and the practical steps to doing so without running afoul of the ADEA. We will provide you not only with the legal framework necessary to understand the risks and your company’s obligations, but also with practical considerations on structuring eligibility criteria, incentive options, timelines and procedures for rolling out the program, and crafting an effective – and, most importantly, legally-enforceable – Separation Agreement and Release of Claims.
Agenda
Faculty
Kelley E. Kaufman
McNees Wallace & Nurick LLC
- Member (partner) with the law firm McNees Wallace & Nurick LLC in Harrisburg, PA; McNees’ other offices include Lancaster, PA, Scranton, PA, Columbus, OH, and Frederick, MD
- An active member of McNees’ Labor & Employment, Education Law, and Automobile Dealer Practice Groups
- Practice focuses on a wide range of labor and employment law topics
- Partners with clients to find solutions to their labor and employment issues – from counseling as issues arise to managing and minimizing exposure to legal claims to defense of claims asserted by employees, and more; this includes regular day-to-day counseling on any variety of issues arising in the workforce, such as issues relating to compliance with federal and state employment discrimination laws, wage and hour obligations, family and medical leave, employee relations, non-compete and separation agreements, employee performance management, unemployment compensation, employee benefits, litigation avoidance, and more
- Regularly defends clients before federal and state courts in employment-related litigation, and before federal and state agencies, including the Equal Employment Opportunity Commission, the Pennsylvania Human Relations Commission, and the Pennsylvania Unemployment Compensation Board of Review, as well as in employment-related litigation in federal and state court
- Conducts regular seminars and client training sessions on various aspects of labor and employment law and legal compliance – from discriminatory harassment avoidance to wage and hour compliance to management of medical leave of absence and accommodation issues to the do's and don’ts of hiring and firing, and more
- Wrote several publications and video blogs related to a variety of employment law topics, including minimizing exposure to discrimination and harassment claims, the importance of manager and supervisor training, social media pitfalls and best practices, wage and hour legal updates and issues, and more
- Contributes to McNees’ labor and employment blog – www.palaborandemploymentblog.com.
- J.D. degree, Wake Forest University School of Law; B.B.A. degree,The College of William & Mary
- Admitted to the Pennsylvania Bar, the United States District Courts in Pennsylvania, and the Third Circuit Court of Appeal
- Member of the Pennsylvania and Dauphin County Bar Associations; McNees’ Hiring, Legal Practice Management, and Women’s Network committees and board member of the YWCA Greater Harrisburg governing board
- Can be contacted at 717-237-5248, [email protected] or on Twitter® @kelleyekaufman
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