News & Analysis as of

Severance Pay Termination Severance Agreements

Mintz - Employment Viewpoints

Better Late Than Never: Employers in Canada Should Review Their Termination of Employment Provisions

Canadian employers should review their employment contracts and update them as necessary to avoid potentially costly problems upon separation of employment. Since early 2021 when the Supreme Court of Canada declined to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Reductions in Force: Legal Do’s and Don’ts

Reductions in force (RIFs) are making headlines as companies trim their worker ranks in the face of a weakening economy. Employers must decide whether to implement voluntary or involuntary RIFs (or both); the considerations...more

Sherman & Howard L.L.C.

Court Finds A Voluntary Severance Package May Be An Adverse Action Under ADEA

In Andrews v. Williams WPC-I, LLC et al., 4:19-cv-02200 (M.D. Penn. July 16, 2020), the U.S. District Court for the Middle District of Pennsylvania held that a severance package can be an adverse action under the federal Age...more

Epstein Becker & Green

Mandatory Severance on the Horizon Under Proposed Amendments to NJ Warn Act

A bill to amend the New Jersey Millville Dallas Airmotive Plant Loss Job Notification Act, also commonly referred to as the New Jersey WARN Act (“NJ WARN Act”), which the New Jersey Senate passed on December 16, 2019, if...more

McDermott Will & Emery

Severance and Deferred Compensation Considerations for Tax-Exempt Colleges and Universities

McDermott Will & Emery on

In-house counsel and human resources professionals at tax-exempt colleges and universities often face a variety of challenges when structuring, and determining obligations due under, severance arrangements. There are some key...more

Sheppard Mullin Richter & Hampton LLP

Considering Offering Severance Pay in Exchange for Certain Post-Employment Obligations? Think Again.

An employer violated employee’s labor rights by offering her a separation agreement that contained unlawful terms ruled a National Labor Relations Board (“NLRB”) administrative law judge (“ALJ”) in Baylor Univ. Med. Ctr.,...more

Foley & Lardner LLP

Separately Assessing Separation Agreements

Foley & Lardner LLP on

Separation or severance agreements —which typically provide a terminating employee with some kind of cash payment, temporary salary continuation, or other gratuitous benefit in exchange for a release of claims — have their...more

Cranfill Sumner LLP

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

Cranfill Sumner LLP on

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

Davis Wright Tremaine LLP

What Everyone Needs to Know About the Coordination of Severance Benefits, COBRA, and the ACA

In a common occurrence throughout corporate America, an employee terminates employment and as a result will lose company-provided health care coverage. To obtain health care coverage, the employee has two options: 1) elect...more

Proskauer - Employee Benefits & Executive...

View From Proskauer: Investigating and Deciding Severance Benefits Claims

Plan administrators charged with administering Employee Retirement Income Security Act-governed severance plans are often confronted with the question of whether they should conduct an independent investigation into the...more

Franczek P.C.

ERISA Severance Plans and Non-Compete Agreements Must Work Together

Franczek P.C. on

In an ever-more competitive business climate, employers are increasingly interested in protecting revenue streams through enforceable non-compete restrictions on employees. A recent federal district court decision highlights,...more

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