Critical Considerations When Terminating an Employee and Drafting Provisions in Separation Agreements


CLE credits earned: 2 GENERAL (or 2 LAW & LEGAL for WA state)

Terminating an employee from employment can lead to potential liability if done incorrectly. When a company makes the decision to terminate an employee’s employment, there are a number of issues that should be considered when going through the decision-making process and, once the decision is made, communicating the termination. For example, when determining whether to terminate an employee’s employment, a company should consider whether the termination exposes the company to a potential claim of discrimination and/or retaliation. When making that determination, it is important to consider the facts and circumstances that led the company to reach the conclusion to end the employment relationship, including the quantity and quality of documentation. In addition, when the decision is made, regardless of whether there is the potential for a viable claim, many companies consider offering a form of severance in return for a release of claims. What types of provisions should be included in a separation agreement? There are numerous options, many of which raise their own legal implications. This presentation will give attorneys guidance on many considerations, including the provisions of separation agreements, when advising companies on employment terminations.

This course is co-sponsored with myLawCLE.

Key topics to be discussed:

•   Decision-making process for termination
•   Reviewing documentation
•   How to properly communicate termination
•   Offering severance
•   Drafting Separation Agreements
•   Key provisions

Date / Time: March 10, 2020

•   2:00 pm – 4:00 pm Eastern
•   1:00 pm – 3:00 pm Central
•   12:00 pm – 2:00 pm Mountain
•   11:00 am – 1:00 pm Pacific

Choose a format:

•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date and are view-able for up to one year.

Select your state to see if this class is approved for CLE credit.

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Original Recording Date: December 3, 2019

Stephen Stern, Esq. devotes a significant portion of his practice to representing businesses in employment related matters, both as an advisor and litigator. He regularly advises companies on strategic matters involving employment policies, procedures, and practices, such as trade secret protection programs, wage/hour practices, bonus and other compensation programs, social media risks, and independent contractor relationships. He also regularly helps businesses manage individual circumstances that arise on a day to day basis, such as employment terminations, separation agreements, employment agreements, leave requests, employee discipline, requests for reasonable accommodations, and investigations. With respect to adversarial matters, Mr. Stern has defended employers against claims involving Title VII, ADEA, ADA, FMLA, SOX, FLSA, NDAA, IRCA, and other similar federal and state statutes, as well as various torts. Mr. Stern has appeared before the EEOC, DOL, and comparable state and local government agencies, as well as the United States Department of Justice. In addition, Mr. Stern has litigated employment claims in federal and state courts, as well as arbitration, in multiple jurisdictions. While Mr. Stern primarily represents businesses in employment matters, he occasionally represents individuals as well.

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