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You are here: Home / Archives for severance agreements

My Employee Signed A Severance Agreement. So Why Is S/he Suing Me?

September 6, 2018 by theemplawyerologist Leave a Comment

Have you ever had to let an employee go? If you haven’t, chances are you will at some point. Do you or would you give severance pay? If so, hopefully you get a signed severance agreement that includes a release from your soon-to-be former employee. I’ve written here, here and here about severance agreements. This […]

Severance Agreements, COBRA and the ACA

March 19, 2015 by theemplawyerologist 1 Comment

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 […]

Can Your Severance Agreements Withstand an EEOC Challenge?

February 26, 2015 by theemplawyerologist 9 Comments

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

February 21, 2013 by theemplawyerologist 62 Comments

Severance Agreements

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 […]

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