WebCredenza 2024 Releasing employees and drafting separation agreements

When an employee leaves a company voluntarily or involuntarily employers often fear the worst.  Departing employees may have had access to very important and confidential information of the employer – client/customer lists, vendor information, pricing information.  How can it protected?  Employees may allege they are due additional salary, bonuses or commissions.  Might they sue?  There may have been issues involving suspected or alleged harassment or discrimination.  What’s the risk of liability?  Employees might be disgruntled.  Can anything be done to prevent disparagement of the company?  Drafting separation agreements are complex and as important as employment agreements. This program will provide you with a practical guide to drafting employee separation agreements.

• Salary and benefit issues, severance payments, and payments tied to future performance.
• Identifying points of potential liability in both voluntary and involuntary separations.
• Drafting enforceable waivers of liability – scope, length and payment issues.
• Post-separation commission issues for sales employees.
• Preserving the confidentiality of important business information post-separation.
• Non-disparagement, non-competition and non-solicitation provisions.
• Mediation and other dispute resolution provisions.

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.