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Great Goodbyes and Successful Separations: Negotiating and Drafting the Employee Separation Agreement Thursday, February 9, 2006 |
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| Schedule | Fees | Register | Speakers | Resources | Ask a Question | CLE | FAQ | Home | |
| Achieving a successful and
amicable employment separation involving institutional personnel or faculty can be one of
the most daunting tasks faced by college or university counsel. The facts surrounding
employee separations are often unique and difficult and the stakes in terms of expense and
the potential for both adverse publicity and costly litigation can be extremely high.
Negotiating a successful separation agreement that effectively protects the interests of
the institution can avoid those risks while resolving a difficult situation to the
satisfaction of both parties. Although each employee separation is different, there are key elements that should be included in all employee separation agreements. This program will address: *How to Begin Separation Discussions *Essential and Desirable Elements of the Separation Agreement *Releases, Waivers and Consideration *External Limits on Settlement Agreements Using hypothetical fact situations and a sample separation agreement, the panelists will review the requirements of the ADEA, Older Workers Benefit Protection Act and EEOC regulations regarding the content of employee separation agreements and procedures that must be followed in negotiating them. The program will also cover key provisions of separation agreements, including Confidentiality clauses; Non-disparagement clauses; Employment references; Covenants not to Sue; Re-employment/re-application; Unemployment compensation; Breach, enforcement, arbitration, liquidated damages; Taxation issues; and other important terms of separation agreements. The program will conclude with tips from the panel on best practices. Panelists for this program are NACUA members Stephen J. Hirschfeld of Curiale Dellaverson Hirschfeld & Kraemer,LLP, San Francisco; and Judith A. Malone of Edwards Angell Palmer & Dodge, Boston. Mary Phelps Dugan, General Counsel, University of Nevada-Reno, will moderate the program. Please join them for a careful and systematic examination of employee separation agreements. |
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