Negotiating and Drafting Employee Separation Agreements
This session will cover the nuances of approaching the departing employee regarding a separation agreement, what terms and conditions should be considered for inclusion into the agreement, and the basic legal requirements mandated by federal and state laws, such as the Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act ("ADA"), and the Equal Pay Act ("EPA").
Participants will learn how to ensure that the separation agreement is comprehensive, valid, and enforceable so that your organization or clients can successfully avoid litigation and other risks stemming from the termination.
- Examining the most common provisions that MUST be covered in a separation agreement
- Addressing the issue of grossing-up the amount offered the departing employee to cover taxes
- Considering the implications of Internal Revenue Code S409A (Section 409A) regarding deferred compensation plans
Program Highlights
The most common provisions that MUST be covered in a separation agreement
- Identifying contract provisions that should always be covered in a separation agreement
- Enumerating nonstandard contract provisions that MAY be covered in a separation agreement
The specific federal and state laws that must be included in the release provisions of a separation agreement
- Age Discrimination in Employment Act (ADEA), Americans with Disabilities Act ("ADA"), and the Equal Pay Act ("EPA")
- Implications of Internal Revenue Code S409A (Section 409A) regarding deferred compensation plans
The client expectations and demands you need to prepare for
- Approaching the departing employee regarding a separation agreement
- Covering your ground and making sure all documents are airtight
Live Question & Answer Session - Have your questions answered by the expert!
About the Speaker
Max Muller, JD, is the author of "The Manager's Guide to HR: Hiring, Firing, Performance Evaluations, Documentation, Benefits, and Everything Else You Need to Know," Second Edition (SHRM and HarperCollins (AMACOM Books)); and "The Legal Side of HR Practice," (AMACOM Books) possesses more than 40 years of experience as an attorney, businessman, consultant, instructional designer, and professional speaker. He has "been there, done that" in the real world, and shares a true depth of knowledge in this subject matter area.
Program Benefits
This no nonsense, guidance-rich, and fast-paced 90-minute webinar provides participants with crucial how-tos related to negotiating and draft a comprehensive and defensible release of all real or perceived claims that the departing employee may legally waive in exchange for payments and/or benefits to which the employee is not otherwise entitled.
HRCI Credits
This program has been approved for 1 (HR (General)) recertification credit hour toward aPHRTM, aPHRiTM, PHR®, PHRca®, SPHR®, GPHR®, PHRiTM and SPHRiTM recertification through the HR Certification Institute. Learn more at hrci.org
Purchase this On-Demand Workshop
Negotiating and Drafting Employee Separation Agreements
$199 + applicable taxes
You will receive access to the live event(s) which includes a copy of the speaker's presentation, real-time training with our expert instructor, and an interactive question & answer period. Two to three business days after each live training concludes, an email is sent to registrants which contains a link for unlimited access to the on-demand recording you can revisit & review.
You'll receive a link to access the recording(s) in your order confirmation email. On-demand recordings also include a copy of the speaker's presentation and the ability to submit your questions to the expert, for up to 7 days after viewing.
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