News & Analysis as of

Severance Agreements Employer Responsibilities

Constangy, Brooks, Smith & Prophete, LLP

Bad luck for this employer with separation agreement

But, then, don't we make our own luck? Happy Friday the 13th, aka Valentine’s Day Eve. I don't love what this employer did, so I'm going with Friday the 13th. A legal assistant in Santa Fe, New Mexico, who was...more

Bradley Arant Boult Cummings LLP

Beyond WARN: Federal Laws and Practical Considerations That Shape RIF Planning and Execution – Part 2

In The Muppet Christmas Carol, the “Ghost of Christmas Yet to Come” escorts Ebenezeer Scrooge back to a graveyard after taking Scrooge through a disturbing future, prompting Scrooge to say, “Must we return to this place?”...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Rising Tide of RIFs: What Employers Need to Know Amidst AI Integration

A recent analysis indicated that October 2025 saw the most workers included in reductions-in-force (RIFs) in a single month in more than twenty years, as employers cut roles attributed largely to the rise of artificial...more

Dentons

Reductions in Force, Layoffs, and Terminations: A Practical Guide for Employers

Dentons on

Statistically employers report that they are facing an increasingly high level of reductions in force, layoffs, restructurings and one-off terminations, not necessarily related just to performance, but also on business needs...more

Hinshaw & Culbertson - Employment Law...

Employers Must Comply With Key Changes Made to the Requirements of the Illinois Workplace Transparency Act

A recent amendment signed into law on August 15, 2025, will expand the protections and scope of the Illinois Workplace Transparency Act (WTA) in several important ways. The law, originally enacted in 2019, ushered in a number...more

Fox Rothschild LLP

The Million Dollar ChatGPT Mistake

Fox Rothschild LLP on

I’m still haunted by the call that started my morning early Thursday. A new client needed help with the termination of an executive, immediately. Now, my spidey senses perk up whenever a client calls with a same-day...more

Jackson Lewis P.C.

Massachusetts Makarevich: ‘Understandable’ Separation Agreement Language Aids Employer in Unpaid Wages Case

Jackson Lewis P.C. on

In Makarevich v. USI Ins. Services, LLC, a Massachusetts federal district court judge dismissed a former employee’s claims of discrimination and unpaid wages under the Massachusetts Wage Act, concluding that she had knowingly...more

Foley & Lardner LLP

Considering a Reduction in Force? Some Preliminary Considerations

Foley & Lardner LLP on

Employers sometimes find it necessary to make the difficult decision to undergo a reduction-in-force (RIF), resulting in employee layoffs and/or terminations. Before moving forward with an RIF, employers should develop an...more

FordHarrison

New York Lawmakers Consider Progressive Reforms to Severance Agreements

FordHarrison on

The New York State Senate passed the “No Severance Ultimatums Act” (“the Act”), which, if enacted, “prevents employers from giving coercive ultimatums to employees or former employees relating to such employee's severance...more

Offit Kurman

Handling References and Referrals While Safeguarding Your Business

Offit Kurman on

In this episode of OK at Work, attorneys Sarah Sawyer and Russell Berger discuss important considerations for employers regarding employee references and referrals. Businesses need a centralized response system and a...more

Mandelbaum Barrett PC

Pending Legislation in New York May Give Added Protection to All Workers Presented with Severance Agreements

Mandelbaum Barrett PC on

The New York State Senate recently passed the No Severance Ultimatums Act (the “Act”) which would substantially change the law with regard to how employers pay severance to their employees working in New York....more

Kelley Drye & Warren LLP

The New York State Legislative Push for Minimum Review Periods in Severance Agreements

Employers are already familiar with the age-related requirements of federal law applicable to an employee’s release of claims if the employee is 40 or older: they have up to 21 days to consider the release, and seven...more

Farella Braun + Martel LLP

New York Legislature Looking to Expand Restrictions on Severance Offers

The New York legislature may soon pass the “No Severance Ultimatums Act,” which would require all employment severance agreements except those negotiated through collective bargaining to include (1) a 21-business day review...more

Maynard Nexsen

An Employer’s Guide to Employee Separations

Maynard Nexsen on

Employee separations are a common aspect of doing business. When facing an employee separation, employers may find themselves asking, in the words of Boyz II Men, “How do I say goodbye to what we had?” Whether the...more

Epstein Becker & Green

No Ultimatums: New York State Lawmakers Contemplate New Mandatory Provisions for Severance Agreements

On March 4, 2025, the New York Senate passed Senate Bill S372 (the “No Severance Ultimatums Act” or “S372”)....more

Lowenstein Sandler LLP

Navigating Employment Considerations in M&A Transactions

Lowenstein Sandler LLP on

In this episode of "Just Compensation," Megan Monson, Taryn Cannataro, and Jessica Kriegsfeld of Lowenstein's Executive Compensation, Employment and Benefits practice group discuss employment and employee benefit...more

Frantz Ward LLP

Not-So-Friendly Reminders from the NLRB to Review Your Severance Agreements and Employee Handbooks

Frantz Ward LLP on

Recent decisions and settlements from the National Labor Relations Board should serve as a not-so-friendly reminder to ensure that your severance agreements and employee handbooks do not run afoul of the National Labor...more

Carlton Fields

NLRB New Rule Affects How All Employers Should Approach Severance Agreements and Other Employment Contracts

Carlton Fields on

On February 21, 2023, in McLaren Macomb, No. 07–CA–263041, the National Labor Relations Board held that confidentiality and nondisparagement provisions are prohibited in severance agreements where they purport to limit an...more

Foley & Lardner LLP

Steps Employers Must Take as Result of New COBRA Subsidy

Foley & Lardner LLP on

As we recently wrote, the American Rescue Plan Act of 2021 (ARPA) provides up to six months of free COBRA coverage, effective April 1, 2021, for certain “assistance eligible individuals.” But what about employers? What...more

BakerHostetler

Employers May Need to Update Their Severance Agreement Templates by April 1

BakerHostetler on

Acronyms make us do things. AWOL makes us go looking for someone, BOGO makes us buy two of something we didn’t need one of, and NSFW makes us cover our screen and hope no one has already walked by....more

Epstein Becker & Green

Return-to-Work: Benefits Guidance in the Time of COVID-19

Many U.S. businesses are starting to prepare for phased returns to the workplace. Employers’ planning should consider the impact that various return-to-work approaches may have on their employee benefits and compensation...more

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