SEPARATION AGREEMENTS & RELEASES INFORMED: ANNOTATED LEGAL DOCUMENTS
InFORMed Annotated Document
ITEM #:  40219918   |   PUBLISHED:  MARCH 26, 2018
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InFORMed Annotated Legal Document with eFormbook
Separation Agreements and Releases

Prepared by Mari Kaluza, Jessica S. Pecoraro, Jeremy D. Sosna & Howard B. Tarkow

When parting company, a written separation agreement can be valuable for both employers and employees. The employee receives compensation or other assistance to bridge the gap until the next job. The employer can obtain an enforceable waiver of many legal claims that the employee can agree to give up in return for the compensation. This InFORMed Annotated Legal Document is intended to provide guidance to employers on when and how to use a separation agreement to reduce the chance of claims by departing employees and drafting recommendations for minimizing the risk of successful legal challenges to the agreement. This InFORMed Annotated Legal Document also helps employees to understand their rights if they receive an offer upon finding themselves out of a job.

This InFORMed Annotated Legal Document contains two annotated separation agreements – one between an employer and one individual, and the other includes the terms for a valid waiver of federal age discrimination claims if the employer is offering severance benefits to a group of employees.

The companion eFormbook provides the forms in an unannotated format that users can download and customize for their clients.

Introduction

A Separation Agreement Is a Contract

  • There Are Three Elements to a Binding Contract
  • The Title Is Not Important

When Should the Employer Use a Separation Agreement?

  • The Employer Previously Promised to Provide Separation Benefits
  • Minimize the Risk of Legal Claims
  • Workforce Reductions
  • To Obtain a Non-Competition Agreement
  • The Parties Need to Clear the Air
  • Preserve Relations

How Should the Employer Use Separation Agreements?

  • Invest in a Capable Lawyer
  • Avoid Cookie Cutter Agreements
  • Some Tough Questions: Why Even Offer an Agreement?

Write Separation Agreements to Avoid Legal Pitfalls

  • The Agreement Must Be Understandable
  • Overbroad Covenants Not to Sue
  • Overbroad Non-Disparagement and Non-Disclosure Requirements
  • Waivers of Federal Age Discrimination Claims Must Scrupulously Comply With the OWBPA
  • Follow Certain of the OWBPA Rules for Waivers of Other Federal Claims
  • Waivers of Claims Under State and Local Laws
  • Waiving Claims Under Laws of Other States
  • Non-Waivable Claims
  • Internal Revenue Code Section 409A Compliance or Exemption
  • Avoid Creating an Undocumented ERISA Plan
  • Comply with Minnesota’s Civil Mediation Act if the Agreement Is the Result of a Mediation Conference
  • If Applicable, Beware the Medicare Secondary Payer Act

Form A:  First Sample Annotated Separation Agreement and Release

Form B:  Second Sample Annotated Separation Agreement and Release

Companion eFormbook
Your annotated manual provides instructions for accessing the eFormbook.

$49

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InFORMed Annotated Legal Documents are expertly drafted legal forms and documents containing annotations and helpful commentary by expert attorneys. You'll receive drafting rationales and insights from the author, along with practice tips and citations to pertinent authority. Checklists and sample language also may be provided.

Each InFORMed Annotated Legal Document comes with a companion eFormbook which is accessible through your account on the Minnesota CLE website. The eFormbook contains the unannotated version of the documents included in the manual. Don’t scan or retype the documents found in the annotated manual – save time by simply downloading the documents and fine-tuning them to suit your needs!

Access the eFormbook through your account on the Minnesota CLE website under My Account > eResources & Publications.

Q.

Once I’ve purchased an InFORMed Annotated Document that includes an eFormbook, how do I access it?

Access the eFormbook through your account on the Minnesota CLE website under My Account > eResources & Publications.

Q.

Will I always have access to my InFORMed eFormbook?

Yes, you will always have access to the eFormbook. Even if we publish an updated InFORMed book, you will still have access to the eFormbook you purchased originally. If you purchase the updated InFORMed Annotated Document, you will have access to the most up-to-date eFormbook.

Q.

Can I download the forms in my eFormbook?

Yes, and we recommend that you download all of the forms in your eFormbook so you can use them without Internet access.

STANDARD PRICE
$49.00
DISCOUNTS WILL BE APPLIED DURING CHECKOUT, IF APPLICABLE.
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