What Employers Need to Know About Severance Arrangements - EEOC, ACA and ERISA

Recorded Session
90 Minutes

Severance pay and agreements can protect an employer when it lets people go, but only if they are handled well. This 90-minute webinar on severance agreements answers frequently asked questions about employee termination, severance pay, severance agreements and ERISA.

You'll start with common severance myths and the key elements of a severance agreement, then look at non-competition clauses, general releases and how discrimination claims fit in. The session explains the EEOC's position on severance agreements and the Older Workers Benefit Protection Act (OWBPA).

It also covers COBRA and ACA issues and when severance packages are subject to ERISA, along with the current strategic, legal and financial factors to weigh when offering severance to departing employees.

WHY SHOULD YOU ATTEND?

Employers often offer severance in exchange for a release and a promise not to sue, but a poorly drafted release can be invalidated, some packages fall under ERISA, and courts sometimes order severance even without a written agreement. A badly designed arrangement can create the very claims it was meant to prevent.

This session suits business owners, CEOs, CFOs, benefits and payroll administrators, compensation officers, HR managers and directors, and senior managers.

AREA COVERED

  • Common severance myths
  • Key elements of a severance agreement
  • Non-competition clauses
  • General releases
  • Discrimination claims
  • The EEOC and severance agreements
  • The Older Workers Benefit Protection Act (OWBPA)
  • COBRA and ACA issues
  • ERISA considerations

LEARNING OBJECTIVES

  • Separate severance myths from legal requirements
  • Include the key elements of an enforceable severance agreement and release
  • Use non-competition clauses appropriately
  • Address discrimination claims and EEOC rules in severance agreements
  • Meet OWBPA requirements for older workers
  • Handle COBRA, ACA and ERISA issues in severance arrangements

WHO WILL BENEFIT?

  • Business owners
  • CEO’s
  • CFO’s
  • Benefits administrators
  • Compensation officers
  • HR Managers/Directors
  • Managers/Senior managers
  • Payroll administrators

Employers often offer severance in exchange for a release and a promise not to sue, but a poorly drafted release can be invalidated, some packages fall under ERISA, and courts sometimes order severance even without a written agreement. A badly designed arrangement can create the very claims it was meant to prevent.

This session suits business owners, CEOs, CFOs, benefits and payroll administrators, compensation officers, HR managers and directors, and senior managers.

  • Common severance myths
  • Key elements of a severance agreement
  • Non-competition clauses
  • General releases
  • Discrimination claims
  • The EEOC and severance agreements
  • The Older Workers Benefit Protection Act (OWBPA)
  • COBRA and ACA issues
  • ERISA considerations
  • Separate severance myths from legal requirements
  • Include the key elements of an enforceable severance agreement and release
  • Use non-competition clauses appropriately
  • Address discrimination claims and EEOC rules in severance agreements
  • Meet OWBPA requirements for older workers
  • Handle COBRA, ACA and ERISA issues in severance arrangements
  • Business owners
  • CEO’s
  • CFO’s
  • Benefits administrators
  • Compensation officers
  • HR Managers/Directors
  • Managers/Senior managers
  • Payroll administrators
Currency:
Webinar Option
Transcript (PDF Transcript of the Training)
Downloadable Recorded Session
USB

Speaker Profile

ins_img Janette Levey Frisch

Janette Levey Frisch, has over 20 years of legal experience, more than 10 of which she has spent in Employment Law. It was during her tenure as sole in-house counsel for a mid-size staffing company headquartered in Central New Jersey, with operations all over the continental US, that she truly developed her passion for Employment Law. Janette operates under this core belief: It is possible, and it is in an employer’s best interest, to proactively solve workforce challenges before they become problems, before they result in lawsuits or steep fines caused by government audits. Janette works with employers on most …

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