News & Analysis as of

Severance Agreements

[Podcast]: Severance Pay Plans & ERISA

In this benefits law edition of The Proskauer Brief, senior counsel Anthony Cacace and partner Robert Projansky discuss how severance plans can be subject to ERISA. We will discuss the key advantages of having severance pay...more

Ten Simple Steps to Avoid Employment Lawsuits

by Baker Donelson on

You're striving to operate as efficiently as possible to increase your company's competitive advantage and, ultimately, its profit margin. But then someone in the company steps on a legal landmine and you spend $50,000 to win...more

Another Severance Agreement Bites the Dust: EEOC Continues Its Campaign against Provisions that Preclude Talking to the Government

Ever wonder why the severance agreement that I (or your other favorite employment lawyer) send you says “nothing in this Agreement prevents Employee from filing a charge with the EEOC” (or words to that effect)? I mean, isn’t...more

Coleman Company and EEOC Reach Agreement To Resolve Discrimination Charge And Revise Settlement Agreements

DENVER - The U.S. Equal Employment Opportunity Commission (EEOC) and The Coleman Company, Inc. have reached a voluntary conciliation agreement to resolve allegations of disability discrimination raised by a former employee,...more

II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories

by Cozen O'Connor on

Is the Superbowl creeping into your workplace this week? Does Washington’s new tax reform impact how you settle sexual harassment cases? Can you actually go to jail for signing a restrictive covenant? Is there a new kind of...more

Career Outlook For 2018: What's Your Sign, Baby?

And here you were, reading the business news. Silly you. Astrologer and "astro-coach" Mecca Woods (Sagittarius Sun, Aquarius Moon, Leo Rising) tells us what we can expect on the career front in 2018 based on our...more

Give Me One “Good Reason”: Employee Resignations and Severance

by Zuckerman Spaeder LLP on

Tracy Chapman famously sang about needing “one reason to stay here.” But when severance is involved, employees may look for one reason to leave—one “Good Reason.”...more

Brazilian Labor Reform: Reshaping the Employer–Employee Relationship

by Jones Day on

The Situation: High unemployment rates, combined with an outdated Brazilian protectionist labor regime that imposed high costs on employers, created the opportunity for a new approach to labor regulation. The Result: Brazil...more

Non-Compete and Trade Secret Law in Utah: What’s Changed, What Hasn’t Changed and How to Prepare for What’s Ahead

by Payne & Fears on

The general rule in the United States has historically permitted non-competition agreements when they are reasonable in time and geographic scope. California has been the leading exception. Business and Professions Code...more

District Court Case Highlights Advantages of ERISA Severance Plans

by Hogan Lovells on

Specialists have long touted certain significant advantages to employers that come along with maintaining ERISA severance plans, and a recent district court case highlights some of these advantages....more

The Dialogue: About Firing Employees and Negotiating Severance Agreements

by Shipman & Goodwin LLP on

The Dialogue – an occasional discussion between myself and a prominent employee-side attorney, Nina Pirrotti returns today after a late summer hiatus. Today’s chat focuses on employee separations and severance agreements. ...more

Avoiding Common Errors in Employment Documents: A Checklist

In the fast-paced world of employment law, where scandals and groundbreaking lawsuits are front page news, more mundane requirements for documentation that employers provide to candidates and employees can fall through the...more

Can they Resign? Privacy Issues for Iowa Public Employers

by Davis Brown Law Firm on

In a post last week, we covered some of the implications of allowing an employee to resign rather than be terminated. House File 291, signed into law earlier this year by Governor Branstad greatly impacts public employers and...more

Employee Benefits Developments - July 2017

by Hodgson Russ LLP on

The Employee Benefits practice group is pleased to present the Benefits Developments Newsletter for the month of July, 2017. Class Action Plaintiffs Target University 403(b) Plans - In June, an ERISA action – a proposed...more

Employers Should Be Aware of Pitfalls When Entering into Severance Agreements

by Nexsen Pruet, PLLC on

Severance agreements in the workplace have evolved considerably during the last twenty-five years. The idea of severance being paid to an employee only where a company has an established severance plan is no longer a reality....more

Tips for Drafting Executive Employment Agreements -Tip #2 – Severance Conditions

by Bryan Cave on

This article continues with another tip for drafting executive employment agreements and the importance of consulting counsel. For every well drafted executive employment agreement in the business world, there seem to be...more

Court Rules That Company Discretionary Offer Of Voluntary Separation Agreements Does Not Create An ERISA-Covered Severance Plan

by Jackson Lewis P.C. on

It always has been difficult to give a consistent answer as to whether informal severance arrangements have created an ERISA-covered severance plan. In Mance v. Quest Diagnostics Inc., 2017 WL 684711 (DC NJ 2017), the U.S....more

Severance Agreements – Three Tax Traps for the Unwary

by Foley & Lardner LLP on

Severance agreements – especially severance agreements for terminating executives – are ripe with potential tax planning challenges and opportunities....more

Contemplating a Severance Plan? Consider ERISA

by Snell & Wilmer on

A severance plan may be subject to the requirements of ERISA as an employee welfare benefit plan. The determination of whether a severance plan is subject to ERISA depends in large part on whether the plan is part of an...more

Is There A “Revlon Duty” In California?

by Allen Matkins on

There are certain seminal Delaware corporate law cases that are so well known that corporate lawyers are wont to assume that they have been adopted and followed everywhere. One such case is Revlon, Inc. v. MacAndrews &...more

SEC Continues to Fine Companies that Discourage Whistleblowers

The SEC recently slapped two companies with sizeable fines for allegedly impeding potential whistleblowers from communicating with the agency in violation of Rule 21F-17. These fines, coupled with the SEC’s recent enforcement...more

What Contract? Despite Confidentiality Agreement, Employee Can Use Confidential Information in Public Whistleblower Lawsuit

A federal court recently ruled that an employee may use his employer’s confidential information in a whistleblower retaliation complaint, regardless of whether an employment confidentiality agreement prohibited him from doing...more

March Sadness: How Not to Drop the Ball When a RIF is on Your Schedule

No matter how long you’ve played the game, administering a Reduction-in-Force or RIF is never easy. In fact, it is often painful not only because they are difficult to administer, but because of the toll it takes on the...more

SEC Charges More Public Companies for Confidentiality Agreements That Might Deter Whistleblowers

by Hinshaw & Culbertson LLP on

In the past two years, the SEC has charged six public companies with violating SEC Rule 21F-17, which prohibits confidentiality agreements that could impede employees from making whistleblower claims directly to the SEC....more

Employee Benefits Developments - February 2017

by Hodgson Russ LLP on

The Employee Benefits practice group is pleased to present the Benefits Developments Newsletter for the month of February 2017. March 31, 2020 Deadline for Amending 403(b) Plans - When the Internal Revenue Service...more

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