The Employer’s Guide to Severance Arrangements – EEOC, ACA and ERISA


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Have you ever terminated an employee or handled the aftermath of an employee termination? Do you offer severance pay? Do you use severance agreements? When done properly, severance arrangements can be an extremely valuable risk management tool for employers-but you need to be aware of the pitfalls. This webinar will help you learn what you need to know to derive maximum benefit from and avoid the pitfalls associated with severance arrangements.

Why You Should Attend:

When done properly, severance arrangements can be an extremely valuable risk management tool for employers—but you need to be aware of the pitfalls. Many employers think that if they offer severance pay conditioned on certain restrictions that they have eliminated all legal risks, and assume everything is fine—until it’s not.

For example, do you condition severance pay on promises not to sue and other post-termination restrictions? Did you know that you might be contractually obligated to provide severance pay even if you do not have a written agreement? Did you know that your severance agreement may not protect you as much as you think? Or that it may not be enforceable? Is your severance arrangement subject to ERISA laws?

Areas Covered in the Session :

  • Common severance myths
  • The difference between severance agreements, severance packages and severance plans
  • Key elements of a severance agreement and language that should be considered for most severance agreements
  • The EEOC and severance agreements
  • An overview of the special rules applying to older workers– who are protected by the Older Workers Benefit Protection Act (OBWPA) and what it means to you
  • Discrimination Issues
  • Affordable Care Act and COBRA Issues
  • ERISA considerations
Who Should Attend:

  • Human Resources Managers / VPs / Directors
  • Benefits Administrator
  • CEO / CFO / COO
  • Controllers
  • General Counsel
  • In-House Counsel
  • Compensation Officer/Specialist
  • Presidents
  • Business Owners
  • Senior Managers

HR2916

Janette Levey Frisch

Janette Levey Frisch is an attorney with more than 20 years legal experience. Janette is the founder of The EmpLAWyerologist Firm. 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 and 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 also 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 is licensed in New Jersey and New York. In addition, Janette serves as a Legal Wellness Professional to employers outside New Jersey and New York on almost all federal employment law issues, to enable employees to address workplace challenges before they escalate to litigation or costly audits. Janette is also a contributor to the recently released book, “Hiring Greatness: How to Recruit Your Dream Team and Crush the Competition”, published by John Wiley and Sons, and authored by David E. Perry and Mark J. Haluska.

Janette has also spoken and trained on topics, such as Criminal Background Checks in the Hiring Process, Joint Employment, Severance Arrangements, Pre-Employment Screening among many others.

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