Wed, Sep 05|
Coastal Payroll Services
☕️ Creating Severance Agreements That Protect Your Organization
Join us as David Monks of Fisher Phillips explains the legal requirements for an enforceable release agreement; provides practical, plain English sample provisions; and gives suggestions on best practices for increasing the validity of a severance agreement.
Time & Location
Sep 05, 2018, 7:30 AM – 9:00 AM
Coastal Payroll Services, 9350 Waxie Way Suite 110, San Diego, CA 92123, USA
About The Event
This session will be facilitated by David Monks, a partner of Fisher & Phillips LLP. David and his firm practice exclusively in employment law for employers.
In today’s environment of litigious employees, a severance agreement can be an excellent tool for an employer to manage potential risk. While a signed severance agreement can provide some protection from future litigation, it’s not an ironclad guarantee. If the agreement, and its manner of presentation to the employee, are not done correctly, the employer may eventually find itself litigating the very risks it paid good money to avoid.
The main question to each HR professional attending this presentation is, Do you do your severance agreement correctly? Employers need to be aware of numerous key issues when drafting severance agreements, factors that an HR professional should consider before asking an employee to sign on the dotted line. For instance, employers are faced with challenging questions such as: Are there legal requirements that severance must be paid out in a lump sum rather than over time? How much time should the employee have to decide whether to sign the agreement? Can I require the employee to return property and agree not to solicit customers and employees?
As with any type of employment agreement, for severance release agreements, the devil is often in the details that get overlooked. Employers must beware of old, form and “off-the-shelf” agreements that can be found online. Severance agreements are not a “one size fits all” tool.
HR professionals at this event will learn:
1. The essential elements for a legally enforceable severance agreement and best practices for satisfying those elements
2. The keys to severance agreement compliance – what the employer can say and shouldn’t say, and everything in between
3. Tips for drafting an effective severance agreement, including the use of Plain English and sample language
4. The types of claims that can be released with proper monetary consideration—and the ones that can’t
5. Tips for handling employees who may become combative or litigious when faced with termination
6. Language that should be included in every severance agreement
7. Special rules that apply to older workers -- who are protected by the Older Workers Benefit Protection Act -- and the practical impact these rules have on severance agreements
8. How to avoid any hint of coercion in conversations with departing workers
Board Member Guest