Employment terminations often carry legal risk. Our corporate clients regularly consult us to discuss the challenges, risks and strategies that are inherent in these decisions, and seek our recommendations on how best to design a plan to achieve the company’s objections with minimal risk.
We also know companies are sometimes faced with the difficult task of reducing their work force for economic reasons. Our attorneys are able to guide employers through the various issues that arise before, during and after a reduction in force or a company’s reorganization. Whether it is a reduction in force, a plant closing or a desire to offer an early retirement plan, our attorneys can provide you with the necessary insight and advice to face the challenges, while at the same time minimizing the potential for litigation.
Severance Agreements & Releases
Whether a termination involves a single employee or a group of employees, such circumstances often include an element of legal risk. For this reason, in some circumstances, it can be advisable to present a severance offer and release to the departing employee(s). We regularly draft or approve severance agreements for use with departing employee(s), including early retirement severance packages and/or group layoff severance offers. These severance agreements often include waivers and releases of any potential claims. We stay abreast of the latest legal developments in order to demonstrate that the releases will be found enforceable.
Our attorneys can assist employers on the following matters:
- Preparation of severance and release agreements that comply with OWBPA and other laws
- Executive compensation
- Plant closings, workforce reductions and layoffs
- Analysis and review of workforce reduction criteria
- Advising employers of duties under WARN
- Employee benefits
- Unemployment claim defense