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 […]
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 […]
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 […]
Previously on The Emplawyerologist: we expounded on severance agreements, and its typical provisions– and I left you hanging with the introduction of general release clauses. What is a general release clause (in the context of severance agreements), what do they do, what are their limitations and how might such a clause read?
Hello Readers! I first want to thank Judy Naamat for her amazing and informative posts regarding the America Invents Act and its impact on employers. I hope you found them as enlightening as I did. Thank you Judy! It was a pleasure having you, and I hope you will consider joining us again in the future. […]