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

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.

• 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

• 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

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.

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

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 employment law issues, acting as the Employer’s Legal Wellness Professional — to ensure that employers are in the best position possible to avoid litigation, audits, employee relations problems, and the attendant, often exorbitant costs. Janette authors the firm’s weekly blog, where you can read each week, in plain English (not legalese) about issues impacting employers today. Janette has written articles on many different employment law issues for many publications, including EEO Insight, Staffing Industry Review, @Law, and Chief Legal Officer. Janette has spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many, many others. Janette serve on the Workplace Violence Prevention Institute, a multi-disciplinary task force, dedicated to providing, holistic, proactive and cutting-edge solutions and resources for employers committed to ensuring a safe workplace.