Discharging an employee is a time of substantial stress in the workplace and a time of substantial risk of legal liability. The discharged employee may be disgruntled and make accusations of discriminatory or other unlawful conduct by the employer, threatening litigation. Even if the employee is leaving voluntarily, there is the real risk of that the employee is departing with information or contacts that are immensely valuable to the employer. Managing the separation of an employee from a company is as fraught with challenges as hiring an employee. This program will provide you with a practical guide to negotiating, structuring and drafting enforceable separation agreements with employees and managers.
Key components of a separation agreement with a departing employee or manager Identifying the risk of litigation and financial liability Drafting enforceable waivers of liability Salary and benefit issues, severance payments and payments tied to future business performance Commission issues for sales employees Non-competition and non-solicitation provisions – protecting trade secrets, confidential information, and other valuable company information
J. Mark Poerio is a partner in the Washington, D.C. office of Paul Hastings, LLP, where his practice focuses exclusively on employment agreements, employee benefits and executive compensation. He advises employers about the corporate, tax, financial accounting, securities, labor, and litigation issues surrounding employment agreements. Mr. Poerio has served as an Adjunct Professor of Law at Georgetown University where he currently teaches a course on the business aspects of executive compensation. He has also written and lectured extensively on executive compensation topics. Mr. Poerio received his B.A. from the University of Virginia and his J.D. from Cornell University Law School.