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Getting Your Severance Agreements to Stick
On-Demand Recording
Severance or separation agreements can make the process smoother and afford some protection to employers. But, they also come with their own difficulties. Such agreements are being more closely scrutinized by regulatory agencies, plus employees may still pursue legal action or try to negotiate for more favorable terms.
What can employers do? Many don’t understand the key issues to address in a settlement or severance agreement, or how to structure payments. Join us to learn the essentials of what should be considered when negotiating, drafting and presenting enforceable separation agreements. We’ll discuss:
- Fundamentals for negotiating separation & severance agreements
- Understanding ERISA considerations, EEOC & OBWPA
- Language guidelines to ensure your agreements are enforceable
- Recent court decisions and statues employers need to know
- What to avoid when drafting your agreements
Key Considerations for Creating Severance & Separation Agreements
- Solutions to reduce risk of future litigation on claims
- What the IRS Iooks for when auditing severance agreement
- Recent EEOC developments on settlement agreements
- Handling group layoffs vs individual employees
- Standards as to readability, clarity, and equitable (fair) treatment
Protecting Your Business - Without Violating Employee Rights
- Requirements under the Defend Trade Secrets Act
- The Older Worker's Benefits Protection Act (OBWPA)
- Provisions that won’t meet NLRB approval
- Employee rights that may not be waived in agreements
- Ethical considerations employers can’t forget
Language is Key: Essentials for Drafting Enforceable Agreements
- Employees documents you need before getting started
- Standard provisions to consider for your agreements
- Clarifying what legal options employees may be giving up
- Wording to avoid restarting the consideration periods
- Specifying the allocation of payments and amounts to be paid
Question and Answer Session - Hear expert answers to real-world questions!
Program Benefits
In this presentation, we will address both the basics of enforceable separation agreements and recent court decisions and statutes that should be considered when negotiating, drafting and/or presenting such agreements to either individual employees or groups of employees
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HRCI CREDITS
This program has been approved for 1 (HR (General)) recertification credit hour toward aPHRTM, aPHRiTM, PHR®, PHRca®, SPHR®, GPHR®, PHRiTM and SPHRiTM recertification through the HR Certification Institute. Learn more at hrci.org
SHRM CREDITS
Resourceful Finance Pro is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CP® or SHRM-SCP®. This program is valid for 1 PDCs for the SHRM-CP® or SHRM-SCP®. For more information about certification or recertification, please visit www.shrmcertification.org.
