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What Employers Need to Know About Severance Arrangements - EEOC, ACA and ERISA

instructor
By: Janette Levey Frisch
Recorded Session
Duration
90 Minutes
Training Level
Intermediate to Advanced

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Transcript

Recorded Session

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Webinar Details

This webinar will highlight the importance of effectively handling severance pay and agreements. It will discuss several frequently asked questions on employee termination, severance pay, severance agreements, and ERISA laws.

WHY SHOULD YOU ATTEND?

Managing employee terminations with severance arrangements can be tricky business. While the economy has improved, many employers continue to find themselves in the position of having to layoff corporate executives and managers and other valued employees.

If you are an employer seeking to protect yourself from future lawsuits by offering severance benefits and agreements to departing employees in exchange for a release and agreement not to sue the corporation, then you need to attend this webinar. Why? An improperly drafted release agreement could be invalidated and of no effect. Some severance packages are subject to ERISA. Some employers find themselves ordered by a court to provide severance pay or benefits even though they do not have a written severance agreement. 

Sometimes, an ill-conceived severance arrangement or a poorly written severance agreement exposes an employer to claims and liabilities it specifically sought to avoid in offering severance arrangements in the first place. This webinar will examine the most up-to-date strategic, legal, and financial considerations employers need to consider when offering severance arrangements to terminated employees.

LEARNING OBJECTIVES

  • Common severance myths
  • Key elements of a Severance Agreement
  • Non-competition clauses
  • General releases
  • Discrimination claims
  • The EEOC and Severance Agreements
  • The Older Worker's Benefits Protection Act (OBWPA)
  • COBRA and ACA issues
  • ERISA considerations

WHO WILL BENEFIT?

  • Business owners
  • CEO’s
  • CFO’s
  • Benefits administrators
  • Compensation officers
  • HR Managers/Directors
  • Managers/Senior managers
  • Payroll administrators

Managing employee terminations with severance arrangements can be tricky business. While the economy has improved, many employers continue to find themselves in the position of having to layoff corporate executives and managers and other valued employees.

If you are an employer seeking to protect yourself from future lawsuits by offering severance benefits and agreements to departing employees in exchange for a release and agreement not to sue the corporation, then you need to attend this webinar. Why? An improperly drafted release agreement could be invalidated and of no effect. Some severance packages are subject to ERISA. Some employers find themselves ordered by a court to provide severance pay or benefits even though they do not have a written severance agreement. 

Sometimes, an ill-conceived severance arrangement or a poorly written severance agreement exposes an employer to claims and liabilities it specifically sought to avoid in offering severance arrangements in the first place. This webinar will examine the most up-to-date strategic, legal, and financial considerations employers need to consider when offering severance arrangements to terminated employees.

  • Common severance myths
  • Key elements of a Severance Agreement
  • Non-competition clauses
  • General releases
  • Discrimination claims
  • The EEOC and Severance Agreements
  • The Older Worker's Benefits Protection Act (OBWPA)
  • COBRA and ACA issues
  • ERISA considerations
  • Business owners
  • CEO’s
  • CFO’s
  • Benefits administrators
  • Compensation officers
  • HR Managers/Directors
  • Managers/Senior managers
  • Payroll administrators

SPEAKER PROFILE

instructor

Janette Levey Frisch, has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law. Janette operates under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems, before they result in lawsuits or steep fines caused by government audits. Janette works with employers on most employment law issues, acting as the Employer’s Legal Wellness Professional — to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm’s weekly blog, where you can read each week, in plain English (not legalese) about issues impacting employers today. Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer. Janette has spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette serve on the Workplace Violence Prevention Institute, a multi-disciplinary task force, dedicated to providing, holistic, proactive and cutting-edge solutions and resources for employers committed to ensuring a safe workplace.

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