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OnDemand Course

Drafting Settlement Agreements in Employment-Related Litigation

Learn how best to draft settlement agreements in employment related litigation to ensure that both parties' objectives are reached.

Employment-related litigation is not going away, and typically increases in times of high unemployment. Whether frivolous or meritorious, there is often a strong desire by both sides to settle matters. Sometimes coming to agreement is the easy part; memorializing the agreement is not. This material will walk through numerous issues involved in drafting settlement agreements in employment-related litigation, including sample language, pitfalls, legal considerations and proper tax treatment, with the object being to ensure that the written document meets the parties' objectives in reaching a settlement.

88 minutes
Course Exam
Certificate of Completion
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Over 37 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

Drafting Issues and Specific Provisions

  • The Use of Recitals
  • Understanding Claims and Allocating Damages
  • Confidentiality and Non-Disparagement Provisions
  • Releases
  • Liquidated Damages for Breaches
  • Other Typical Clauses

Taxation of Settlements

  • Wages
  • Compensatory Damages
  • Penalties
  • Attorneys' Fees

Class Actions and PAGA Actions

  • The Pros and Cons of Qualified Settlement Funds
  • Court Approval

Other Issues

  • Strategic Considerations and Timing of Settlements
  • Bankruptcy
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Why Lorman?

Over 37 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 Course

Applications have not yet been submitted for Delaware, Idaho, Kentucky, Maine, New Hampshire, Ohio, Oklahoma, South Carolina, and Wyoming CLE for this course. However, if you are interested in obtaining CLE for any of the listed states or have any additional credit questions please email us at [email protected] or call us at 866-352-9540.

This course was last revised on September 24, 2020.

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

  • CA MCLE 1.5
     
  • Lorman Business Center, LLC. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
     
  • IL CLE 1.25
     
  • This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
     

To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.

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

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Why Lorman?

Over 37 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

William Hays Weissman

William Hays Weissman

Littler Mendelson P.C.

  • Shareholder and chair of the Employment Taxes Practice Group of the law firm of Littler Mendelson, P.C
  • Has a national legal practice devoted to a broad range of employment matters, including extensive counseling to employers on multistate taxation
  • Former chair of the Employment Tax Committee of the Taxation Section of the American Bar Association and the Taxation Committee of the Business Law Section of the American Bar Association
  • Author or co-author of over 300 articles on various employment and tax-related issues
  • J.D. degree, District of Columbia School of Law; LL.M. degree in taxation, Golden Gate Uni-versity School of Law; M.B.A. degree, University of California at Davis Graduate School of Management
  • Can be contacted at [email protected] or 925-927-4545
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Why Lorman?

Over 37 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.

All of your training, right here at Lorman

All of your training, right here at Lorman.

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Product ID: 407330
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