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Severance Pay Severance Agreements Corporate Counsel

Proskauer - Employee Benefits & Executive...

Seventh Circuit Affirms Discretion Over Who Gets Severance Benefits

A recent Seventh Circuit decision affirms the principle that an ERISA severance plan can reserve to the employer discretion over who is eligible for severance benefits.  The case is Carlson v. Northrop Grumman Severance Plan,...more

Fisher Phillips

Employers with Limited Canadian Presence May Be Required to Fulfill Significant Severance Obligations Thanks to Recent Court...

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A Divisional Court in Ontario, Canada recently issued a ruling that could have significant potential extra-jurisdictional consequences for U.S. employers with even a single employee based in Canada. The court’s June 15...more

Blank Rome LLP

Delaware Court Preserves McDonald’s Right to Seek Clawback of Ex-CEO’s Severance Benefits

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A recent decision by the Delaware Chancery Court in the clawback litigation between McDonald’s Corporation and its former CEO highlights the meaning and impact of a common contractual provision: the “integration clause.” Such...more

Seyfarth Shaw LLP

Having Your Cake And Eating It Too: Sixth Circuit Rules That Employees Need Not Return Severance Pay Before Suing

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Seyfarth Synopsis: In a recent decision, the U.S. Court of Appeals for the Sixth Circuit ruled that former employees need not return severance pay before filing a lawsuit against an employer, when the employee alleges the...more

Jackson Lewis P.C.

NLRB Invalidates Voluntary Severance Agreements, Orders Reinstatement And Full Back Pay

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The National Labor Relations Board has upheld an Administrative Law Judge’s decision to invalidate 11 severance agreements that provided payments to employees laid off shortly after an election in violation of the National...more

Foley & Lardner LLP

Employee Need Not Give Severance Back Before Moving Forward

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An employee signs a separation agreement and receives severance pay. The employee then has second thoughts, alleges she was coerced into signing the agreement, and wants to pursue her discrimination claims in court. Must the...more

Bradley Arant Boult Cummings LLP

Tender Me This: Sixth Circuit Holds Employees Don’t Have to Give Severance Money Back before Filing Title VII or EPA Lawsuit

In a decision that could have employers rethinking how they offer employees a severance agreement, in McClellan v. Midwest Machining, Inc. the Sixth Circuit held that former employees seeking to void severance agreements do...more

Cranfill Sumner LLP

How to Avoid Being the Next Casualty in the EEOC’s War on Employee Separation Agreements

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In its current Strategic Enforcement Plan, the U. S. Equal Employment Opportunity Commission says that it is fed up with and will target employer “policies and practices that discourage or prohibit individuals from exercising...more

Fisher Phillips

Severance Agreements: The New Lightning Rod

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Remember 2010? Not that long ago, yet as of that year, employers could rest pretty comfortably at night knowing that their garden-variety workplace rules would instill peace and control at the plant, store, or office, not...more

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