Learn to draft and enforce legally compliant separation agreements to reduce post-termination lawsuits and protect your business.
Separation agreements are an extremely valuable tool available to employers to eliminate the potential for post-termination lawsuits from disgruntled ex-employees who are unhappy that their employment was terminated. However, to gain the many benefits of such agreements, it is imperative that employers do them correctly and meet all necessary legal requirements that apply to gain actual enforcement of such agreements. Learn how to effectively craft separation agreements and learn about the important legal requirements that must be followed to make such agreements enforceable. Furthermore, you will gain valuable insights into best practices and strategies for appropriate enforcement and effective negotiation of separation agreements.Learning Objectives
- You will be able to describe what is required for a legally effective separation agreement.
- You will be able to identify the necessary elements of an enforceable separation agreement.
- You will be able to recognize the benefits of utilizing separation agreements in your company.
- You will be able to discuss the particular legal requirements for making an enforceable release of legal claims.
Agenda
What Are Separation Agreements?- How Do You Create Them?
- Why Do You Create Them?
- When Should You Seek Them?
- Crafting Effective Agreements
- What Claims Can Be Released in a Separation Agreement?
- Special Rules for Obtaining Enforceable Releases of Claims
- Post-Employment Noncomplete Requirements
- Nondisclosure Provisions
- Nondisparagement Clauses
- Nonhire and Other Essential Clauses
- How Should You Enforce Separation Agreements?
- Injunction vs. Damage Suits?
- The Use of Liquidated Damages Clause and Other Remedy Considerations
Speakers
Ralph R. Smith, 3rd, Esq.,
Capehart & Scatchard, P.A.- Shareholder and co-chair of the Labor and Employment Department of the law firm of Capehart & Scatchard, P.A.
- Concentrates practice in the areas of labor and employment law, and complex commercial litigation
- Represents companies in all kinds of labor and employment-related litigation in the federal and state courts of New Jersey and Pennsylvania
- Regularly counsels clients on issues of compliance with both federal and state employment laws, including those that impact the area of employee background checks and dealing with arrested employees
- Lectures widely and writes frequently in the field of labor and employment law
- Has lectured at many Lorman Education Services seminars
- Served as an adjunct professor at The Widener University Graduate School of Business, teaching labor and employment law
- Member of the New Jersey Federal Bar Association; the New Jersey State Bar Association; the Historical Society of the U.S. District Court for the District of New Jersey; and the Camden County Bar Association, Labor and Employment Committee
- Former barrister instructor for the Camden County Inns of Court; former board member and legislative chair of the Society of Human Resource Management, Philadelphia Chapter; and a qualified mediator for the New Jersey Superior Court
- J.D. degree, cum laude, Temple University School of Law; B.A. degree, magna cum laude, Temple University
- Can be contacted at 856-914-2079 or rsmith@capehart.com
