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Course Information

Preparing Effective Separation Agreements In Light of Increasing Federal and State Restrictions
Course type
Course credits
1.0 credits
Course duration
60 minutes

Course Description

Employers are now revisiting how to draft effective separation agreements on the heels of the federal Speak Out Act, the NLRB’s McLaren decision, and state laws (such as in NY, CA and ILL) that potentially impact commonly used provisions including regarding confidentiality and non-disparagement. Separation agreements are entered into for reasons including facilitating separations from employment on an amicable basis, providing clear post-employment ground rules, and lessening the economic impact of the separation upon employees. This program will provide a practical framework for addressing new federal and state restrictions as well as key business and legal issues when drafting separation agreements including:

•  Approaches for addressing post-employment restrictions regarding confidential information and non-disparagement in light of recent federal and state restrictions;

•  Approaches for addressing post-employment restrictions on competition in light of the new FTC proposed rule;

•  Employee obligations, including the return of company property, electronically stored information, and cooperating with the employer as needed following termination;

•  Compliance with the Older Worker’s Benefits Protection Act, including in layoffs or group terminations; and

•  The elements of an effective release of legal claims and strategies for enhancing enforceability

This program will help lawyers, human resources professionals and managers understand how to use separation agreements to manage risk and resolve potential legal disputes, rather than create them.

Credits: 1.0 CA CLE; 1.2 NJ CLE; 1.0 NY CLE; 1.0 PA CLE; 1.0 HRCI; 1.0 SHRM
(Other states available for CLE credits upon request)

To pay by check for this program, please fill out this Registration Form

Nonprofits: When registering, please use the promo code NPDiscount23 when adding this course to your cart to receive your 10% discount.

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Field of Study
  • employment