By now you know that a number of different laws (and governing bodies) impact your severance arrangements. You know that waivers need to withstand EEOC scrutiny (click here for a review) and that your arrangement may be subject to ERISA (click here and here for a review.) Many employers when crafting severance arrangements and agreements […]
Should You Create an ERISA Severance Plan?
Last week we looked at whether your severance arrangement might in reality be an ERISA severance plan. Click here if you missed it. Let’s re-visit our fictitious employer, Wonderful Widgets (or W.W). W.W may or may not have inadvertently created a severance plan, subject to ERISA. That may not be a bad thing, though. Why […]
Wait! Stop! Is Your Severance Arrangement Subject to ERISA?
Suppose your company, Wonderful World of Widgets, Inc., finds itself needing to lay off some employees. You are tasked with effectuating the terminations, making sure they go smoothly, including offering severance benefits. You read The EmpLAWyerologist’s previous posts on severance agreements (click here, here, here and here for review). You have taken those points to […]
Can Your Severance Agreements Withstand an EEOC Challenge?
I wrote about severance agreements in 2013 here, here and here, where I addressed the key elements needed for an enforceable severance agreement, and compliance with the Older Workers’ Benefits Protection Act OWBPA. This time, we are going to look at other facets. There are very few (if any) employment law topics on which the EEOC […]
Severance Agreements and the Older Workers Benefits Protection Act
As promised, this week The Emplawyerologist will devote its time to the special rules that apply to severance agreements offered to employees over 40. The Older Workers Benefits Protection Act (OWBPA), which is part of the Age Discrimination in Employment Act (ADEA) imposes specific requirements regarding severance agreements, and particularly release provisions in severance agreements. While the OWBPA […]