Organizations must be careful in being penny wise and pound foolish when it comes to severance.… Read More SEVERANCE PAYMENT SLIP AND FALL
Executive should ensure that a covenant not to sue in an employment separation/severance agreement is reciprocal.… Read More COVENANT NOT TO SUE
BY G. A. FINCH You are leaving your job or you have already left. After you leave, you want to use all of your power point presentations, white papers, newsletter articles, and blog posts that you did for your employer. Not so fast. Are you allowed to do that? Who owns the written work that you… Read More I WROTE IT SO WHY CAN’T I USE IT?
Executives must watch out for an attorneys’ fees remedy in employment, separation and restrictive covenant agreements.… Read More PREVAILING PARTY’S LITIGATION EXPENSES
Employers and employees need to be realistic about their expectations concerning separation/severance agreements.… Read More SEPARATION AGREEMENTS: OBSERVATIONS FROM THE TRENCHES
A waiver and release provision in separation/severance agreements must be scrutinized and understood.… Read More WAIVERS AND RELEASES IN SEPARATION/SEVERANCE AGREEMENTS
Parties’ agreeing to a non-disparagement provision is usually a win-win in an executive termination.… Read More NON-DISPARAGEMENT PROVISION IN SEPARATION/SEVERANCE AGREEMENT
Severance payments are pragmatic. Employers ought to consider allowing for severance payment and neutral letter-of-reference provisions in their separation agreements where there is no employee misconduct. These provisions often generate goodwill from a departing employee, thereby reducing lawsuits, and the provisions can also be used to bind an employee to confidentiality, non-disparagement, and non-compete obligations. … Read More TO GIVE SEVERANCE PAYMENTS OR TO NOT GIVE SEVERANCE PAYMENTS, THAT IS THE QUESTION