Conferences and Speeches

Avoiding the Legal Landmines of Employee Release Agreements

Thursday, August 9, 2012
01:00 PM - 02:30 PM Eastern Daylight Time

Morgan Lewis partners Thomas Hurka and Mims Maynard Zabriskie will present in Lorman Education Services' live audio conference, "Avoiding the Legal Landmines of Employee Release Agreements."

With a myriad of employment, employee benefits and tax laws that are implicated in employee release agreements - separation agreements and severance agreements, it is essential that employers and employees understand the purpose and effect of various provisions included in such agreements. This live audio conference will address provisions typically found in separation and severance agreements, and how to properly prepare such provisions to comply with the law and meet the goals and needs of the parties. This audio conference will provide guidance to legal and human resources professionals on how to comply with the variety of laws implicated by such release agreements.

Topics will include:

Provisions Typical of Release Agreements (Separation Agreements and Severance Agreements)

  • ERISA Severance Plan vs. Severance Policy
  • Introductory Provisions
  • Monetary Provisions
  • Stock/Equity Provisions
  • Other Nonmonetary Consideration
  • Dismissal of Pending Charges, Suits, etc.
  • Waiver and Release
  • Restrictive Covenants, Including Noncompetition, Nonsolicitation, Confidentiality
  • Nondisparagement, References, Cooperation, Nonadmission
  • Choice of Law, Venue
  • Return of Company Property
  • Offset of Severance Pay by Amounts Owed to the Company
  • Misc. Provisions

Employee Benefits/Tax Concerns

  • 409A: Specified Payment Dates, Payments Contingent on a Release
  • 409A: Avoiding the Six Month Delay
  • Alternative for Severance Payments
  • Continued Health Care and Other Benefits Coverage
  • Stock Options and Other Equity Awards
  • Coordination With Other Benefit Plans
  • When Does a Separation From Service Occur for Tax and Benefit Plan Purposes?

Employment Concerns

  • OWBPA Requirements
  • Claims That Cannot Be Waived as a Matter of Law
  • California Code Section 1542
  • Waiver of Specific Claims vs. General Waiver

Thursday, August 9, 2012
1:00-2:30 pm ET

CLE Credit:
Please visit event website for more information regarding CLE credit.