|
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
Report Link EEOC Issues Guidance Regarding Waivers in Severance Agreements.Ford & Harrison LLP - October 29, 2009 The EEOC recently issued guidance directed at helping employees understand waivers of discrimination claims included in employee severance agreements. Although the information provided in the guidance is not new, it is timely as U.S. employers continue to face layoff decisions in the current economic climate. Report Link EEOC Issues New Guidance on Severance Agreements.Littler Mendelson, P.C. - August 03, 2009 As our country struggles with difficult economic times, many employers have chosen to lay off at least some portion of their workforce. The unemployment rate in the U.S. is nearing 10% in recent months. As a result, the EEOC has seen a rise in both age discrimination charges and requests by employers for laid-off employees to sign waivers of discrimination claims in exchange for severance agreements. The EEOC has recently published a document titled "Understanding Waivers of Discrimination Claims in Employee Severance Agreements." While the publication is directed more toward employees than employers, it offers employers some helpful insight on the positions the EEOC takes towards waivers of discrimination claims included in severance agreements. Report Link New EEOC Guidance for Employees (That's Right – Employees!)Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - July 29, 2009 As is becoming more apparent everyday, employers are facing a new government culture. Agencies like the U.S. Equal Employment Opportunity Commission (EEOC) now have more resources at their disposal, and these agencies are becoming more proactive in addressing employment-related issues. On July 15, 2009, the EEOC issued a technical assistance document entitled, "Understanding Waivers of Discrimination Claims in Employee Severance Agreements." Remarkably, this document is not intended to provide guidance to employers on how to comply with various employment-related laws, but rather it is intended to provide guidance to employees who may receive such an agreement. Report Link More Uncertainty Over Releases.Vedder Price - August 31, 2007 In past issues (January 2006, September 2006), we
have reported on litigation by individuals successfully
claming that releases they have signed are not legally enforceable. Typically, these claims are made after
the individual has received severance pay and benefi ts
from the employer in exchange for what the employer
believes is a fi nal and nonadversarial separation. Two
recent court decisions may give employers more cause
for concern. Report Link Recent Court Decisions Identify Concerns in Drafting Releases.Littler Mendelson, P.C. - July 19, 2007 Releases of liability are valuable risk-management tools for employers. The basic concept of a release is that the employer provides a sum of money or other consideration in exchange for a waiver of claims that the employee may have against the employer. Releases frequently are used to avoid litigation related to reductions-in-force (RIF), as a required element of severance programs, or to resolve potential claims with individual employees. Releases also are used to settle asserted claims against employers in administrative proceedings or in lawsuits. Courts, Congress, and state legislatures have increasingly restricted circumstances in which releases can be effective or placed specific obligations on employers related to releases. This Insight article addresses several recent legal developments that employers must consider when preparing releases for departing or former employees. Report Link The Reemergence Of Statute Of Limitations WaiversElarbee, Thompson, Sapp & Wilson, LLP. - June 20, 2007 In an ongoing effort to minimize the impact of employment litigation, employers have developed a variety of contract-based tools, including arbitration programs and jury waivers. One tool receiving renewed attention lately is the statute of limitations waiver; i.e., a contractual provision establishing a shortened limitations period in which an applicant, employee or former employee may initiate employment litigation against the employer. Such waivers enhance the manageability of employment litigation by establishing uniform limitations periods and, if not complied with, are dispositive of the dispute. Report Link Do-It-Yourself Releases? Not So Fast....Fisher & Phillips, LLP - February 12, 2007 Employers are increasingly using release agreements to avoid litigation with terminated employees. In fact, some employers are so comfortable with preparing their own releases that they fail to involve counsel to review each release they prepare. But the increased use of release agreements has spawned a new wave of litigation over the elements of an effective release. In some noteworthy cases, releases used by large, multi-national corporations have been declared to be invalid and unenforceable. So, think twice before you go the “do-it-yourself” route. Report Link Release of Claims In Separation and Severance Agreements.Fredrikson & Byron, P.A. - December 26, 2006 Employers have long offered severance benefits or “enhanced” severance payments in exchange for a release of all claims. This practice has always been considered a sound way to limit litigation, resolve possible disputes, and finalize the employment relationship. Report Link Employers Beware: Potential Pitfalls Abound With General Releases.Elarbee, Thompson, Sapp & Wilson, LLP. - October 25, 2006 Many employers require terminated employees to sign a general release of claims in exchange for receiving severance benefits from the company. Report Link Employers Should Review Their Releases.Buchanan Ingersoll & Rooney PC - October 11, 2006 Many employers utilize standard "employment release" agreements that provide severance pay in return for a terminated employee's agreement to release all claims against the company.
|
ArticlesFound: 10 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
|
| ||
|
Terms of Use
|
Privacy
|
Advertising
|
About
|
Contact
|
For Law Firms
|
Partners
Copyright © 2009 elinfonet.com, llc.
The use of this site, and the terms and conditions for our providing information, is governed by our Terms of Use, including the disclaimers contained therein. By using this site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms thereof.
This site is designed for lawyers concentrating in employment law and human resource professionals who specialize in employee relations. As more fully set forth in the terms of use, the information provided on or through this site is for general information purposes; it is not a determination of your legal rights, nor your responsibilities under the law. None of the information contained on this site is, or should be construed as, legal advice. The information should not be relied upon for legal advice. We are not engaged in the practice of law and no attorney-client relationship is being created. Any information communicated to any lawyer via this site does not have the confidentiality protection of the attorney/client privilege. If you are seeking legal advice, find a qualified lawyer in your area. If you need help finding a lawyer, call your local, county or state bar association. All logos and trademarks on this site are property of their respective owners. | ||
Federal Article Feeds