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Separation Agreements Are A Useful Tool…If Done Right


Don’t believe everything you read on the internet.

I suppose that’s the advice parents should be giving to their kids nowadays but it holds true in employment law too.

Take this sample severance agreement that shows up as number one on Google’s search for “severance agreements”.

It’s a terrible agreement.

Yes, it’s simple but it ignores many of the requirements mandated by state or federal law.  Don’t believe that it’s “fine” to use.

Recently, I wrote for the Connecticut Industry and Business Association on this very topic and explained how the Older Workers Benefit Protection Act is a law that every employment law lawyer and human resources expert should know.

That law requires that a whole set of requirements are followed for severance agreements for those individuals over the age of 40.  You’ll notice that the sample agreement meets virtually none of those requirements.

So before you just pull something off the internet — take a few minutes to talk with your lawyer about it.  It might just be the difference between an enforceable agreement and a lawsuit.

My thanks to the CBIA for the opportunity.


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