Severance Agreements: When To Use Them And How To Draft Them To Limit Company Liability

Webinar: ID# 1026194
Recorded On-Demand
About This Course:
Learn when and how to use severance agreements and minimize liability risks stemming from terminations or layoffs.

You’re letting one or more workers go, should you offer severance? If so, how much? And will the severance payment and agreement fully protect you from the possibility of a future lawsuit?

While a signed severance agreement can provide some protection from future litigation, it’s not an ironclad guarantee and some risks simply cannot be waived. Additionally, if you go about it wrong, you may actually be increasing your lawsuit risks. Yikes!

Help is here with this webinar with attorney presenter Joshua H. Viau. He’ll go through the ins and outs of the good, the bad, and the prohibited when it comes to severance agreements so you can be confident that you’re reducing your legal risks rather than adding to them.

Join us for a webinar, featuring live Q&A, to learn:
  • The keys to severance agreement compliance—what you can say, what you should never say, and everything in between
  • Whether it’s a good idea to allow someone to resign (rather than being terminated) to avoid having to explain a firing to future employers
  • Writing you should draft in support of any severance or separation agreement
  • The types of claims you’re permitted to release with proper monetary consideration—and the ones you simply can’t
  • Pointers on how to best communicate with your employees about their severance agreements, what they can and can’t do, and ways to answer common questions
  • Tips for handling employees who may become combative or litigious when faced with termination
  • Language that should be included in every severance agreement
  • Special rules that apply to older workers—who’s protected by the
  • Older Workers Benefit Protection Act, and the practical impact these rules have on your severance agreements
  • How to avoid any hint of coercion in your conversations with departing workers
  • What to do when an employee refuses to sign—or threatens to sue
  • Practical strategies on how to review your company’s severance agreements before you need them
  • How ERISA may apply to severance
  • Severance health benefits, which raise COBRA interaction issues
Register now for this webinar to learn how severance agreements done right can help protect your company when you need to let someone go.

About Your Presenter:

Joshua H. Viau, Esq.
Of Counsel
Fisher Phillips

Joshua H. Viau is Of Counsel in the Atlanta office of Fisher Phillips, and his practice focuses on representing companies in a variety of labor and employment matters. His areas of expertise include defending employers in employment-related litigation, especially in the areas of discrimination, retaliation, harassment, compliance with leave and wage and hour laws and regulations, and contract disputes involving restrictive covenants and trade secrets. Mr. Viau also advises and represents management in traditional labor matters including arbitrations, unfair labor practice cases, union elections, contract negotiations, strikes, and alternative dispute resolution. He guides employers through reductions in force and individual employee separations to ensure that such actions are executed in compliance with applicable laws and regulations and in a manner that minimizes risk.

Mr. Viau also provides clients with services aimed at compliance and litigation avoidance, including creation and application of workplace policies and practices, training programs for management and employees, and workplace audits. He works with a variety of national and local clients including employers in agriculture, manufacturing, construction, hospitality, and retail. He is the former Chair of the Labor and Employment Law Section of the Georgia State Bar and is active in several business groups. Mr. Viau was selected to the Best Lawyers in America in 2016 and 2017, and was recognized as a Georgia Super Lawyer since 2015 and Georgia Super Lawyer – Rising Star from 2006 through 2014.
Severance Agreements: When To Use Them And How To Draft Them To Limit Company Liability
Available or On-Demand format
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