Drafting Effective Separation Agreements; Best Practices and Current Law

Composing separation agreements that are consistent with best practices and a host of relevant legal concerns can be a never-ending endeavor for employers - especially with case law and agency guidance continually evolving. Challenging issues involved in drafting these agreements include:

• Confidentiality requirements pertaining to business information as well as the separation agreement itself
• Non-disparagement provisions
• Cooperation clauses
• Return of property provisions
• Covenants not to sue
• Attorneys' fees and liquidated damages clauses
• ADEA selected/non-selected informational disclosures

Labor and Employment Partners Bob Nichols and Amy Karff Halevy for an informative and pragmatic discussion of these topics and other issues associated with employee separation agreements.