In another recent decision, the Tenth Circuit Court of Appeals (which includes Oklahoma, Kansas, New Mexico, Colorado, Wyoming and Utah, as well as parts of Yellowstone National Park extending to Montana and Idaho) struck down the declassifications signed by the applicants after a reduction in force in which the employers failed to comply with the OWBPA`s requirements for dismissals from the technical group. In particular, the employer did not disclose the correct “unit of decision” in the declassification agreements and did not list all the “claim factors” used to determine who is subject to the termination program. Again, the publications “did not meet the strict and unlimited requirements of the OWBPA” and were therefore considered legally ineffective. In short, separation agreements benefit the employer by: Well, for employers who offer severance pay in exchange for an exemption agreement, here are some pitfalls to avoid. Employers and workers should understand their existing rights and obligations before signing a separation agreement. An existing agreement or legislation may already require an employer to make certain payments, paid leave, ongoing insurance coverage, or other benefits. Similarly, a staff member may have signed a non-competition clause, a non-debauchery clause, non-disclosure clause, confidentiality clause or other restrictions as part of a stand-alone agreement or letter of offer. (a) general exemption and waiver of rights. This form has been prepared for general information purposes only. They do not constitute legal advice, advertisements, invitations or tax advice.
The transmission of this form and the information it contains is not intended to establish a mandate relationship and its receipt does not constitute a justification for a mandate relationship. You should not rely on this document or information without obtaining legal advice from a duly licensed attorney, including, but not limited to, a lawyer who reviews and advises the terms of this form and other legal matters contemplated in this form or in applicable law. However, an alternative to the explicit release of a right may be, in these situations, to induce the worker to explicitly acknowledge certain facts that I hope would exclude a right to FLSA, FMLA and/or worker compensation. For example, ask that the worker acknowledge in the agreement that he or she does not have an accident at work. State law regulates labour agreements and severance pay and can vary considerably from state to state. You should consult a lawyer on the most appropriate state law….