News & Analysis as of September 23, 2024

Separation Agreement

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Three Key Considerations in Crafting Effective Multistate Separation Agreements

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/19/2024

One of the main reasons for a separation agreement with an employee is to obtain an effective release of claims against the employer. However, ensuring release agreements are effective and enforceable is becoming increasingly...more

U.S. National Labor Relations Board Restricts Confidentiality and Non-Disparagement Terms for Separation and Release Agreements

Dorsey & Whitney LLP on 4/18/2023

Employers have frequently included confidentiality and non-disparagement terms in their separation and release agreements. Confidentiality terms help ensure that employees won’t brag to coworkers about large payouts and...more

The Practical NLRB Advisor: Winter 2023

Ogletree, Deakins, Nash, Smoak & Stewart,... on 3/17/2023

Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Winter 2023 issue of the Practical NLRB Advisor. This issue provides an overview of a host of controversial decisions...more

NLRB Restricts Use of Confidentiality and Non-Disparagement Provisions

WilmerHale on 3/6/2023

On February 21, 2023, the National Labor Relations Board (the “Board”) issued a decision restricting the use of confidentiality and non-disparagement provisions in severance agreements with departing employees....more

Can employers require employees to accept confidentiality and non-disparagement obligations in exchange for severance pay?

Dorsey & Whitney LLP on 3/3/2023

Employee reductions and terminations are an unfortunate result of economic downturns. Even during good economic times, many companies face the need to reduce their workforce or terminate the employment of individual...more

NLRB Restricts Use of Confidentiality and Nondisparagement Clauses in Severance Agreements

Miles & Stockbridge P.C. on 3/1/2023

The National Labor Relations Board last week sent employers into a frenzy over their severance agreements when it declared most standard nondisparagement and confidentiality provisions unlawful and held that even the mere...more

Second Circuit Affirms Dismissal Based on Separation Agreement

Manatt, Phelps & Phillips, LLP on 12/21/2022

The Second U.S. Circuit Court of Appeals recently weighed in on release provisions in separation agreements in the context of a head injury....more

Considering a Reduction in Force? Time to Revise Your Separation Agreement Template

Sheppard Mullin Richter & Hampton LLP on 11/11/2022

As economists argue whether a recession is on the horizon, some employers may begin to prepare to cut expenditures, including through a reduction in force. While not necessary under most state laws, many employers opt to...more

Colorado Employers - Get Ready for a Wave of New Laws

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/11/2022

The Colorado General Assembly was busy drafting and passing numerous employment laws during its 2022 legislative session, creating a wave of change for employers in the Centennial State. Colorado Expands Termination Notice...more

How to Have a Smooth Separation of Employment—Unlike Tom Brady

FordHarrison on 2/9/2022

On February 1, 2022, Tampa Bay Buccaneers quarterback Tom Brady officially announced his retirement via Instagram. The word “officially” is key here, as news of Brady’s retirement initially leaked to the media a few days...more

Resource: Checklists And Compliance Tips For New York City Hospitality Employers

Fox Rothschild LLP on 5/7/2021

New York City hospitality employers face a myriad of requirements under federal, state, and local laws. This employment law "checklist" provides a guide for such businesses in order to ensure that they are onboarding new...more

McDonald’s Sues Former CEO to Recoup Millions in Severance Alleging of Improper Employee Relationships

Gray Reed on 10/13/2020

McDonald’s Corporation (McDonald’s) sued its former Chief Executive Officer, Steve Easterbrook, in August 2020 in an effort to force him to repay the $40 million in severance and equity awards provided to him when the company...more

Employee Separation Agreements – A Refresher

Pullman & Comley - Labor, Employment and... on 12/7/2015

There is one conversation I have with my clients who are employers more frequently than any other. It’s the one that begins, “We’ve decided to let so-and-so go. Do we have to have an agreement of some kind?” Here is what you...more

A Reminder to Employers That FLSA Claims Cannot Be Waived in Most Circumstances

Parker Poe Adams & Bernstein LLP on 6/19/2015

When an employer signs a general release of claims with a former employee, it expects that the agreement and the consideration provided will prevent future legal claims. However, certain actions, such as Workers’ Compensation...more

Sixth Circuit Voids FLSA Collective Action Waiver Signed as Part of Separation and Release Agreement in Killion v. KeHE...

Faegre Drinker Biddle & Reath LLP on 8/1/2014

On July 30, 2014, the Sixth Circuit Court of Appeals invalidated a collective action waiver signed as part of a separation and release agreement. The ruling is significant because it is the first time a federal appellate...more

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