Tag: release of claims

Severance

So, You Think You Have a Strong Severance Agreement?

It’s no secret that a severance agreement can be an effective risk-management tool.  When done right, the separation agreement will forever bar legal claims by the employee who signs it. The question is: do you do yours right? 

Settling up: the need for specificity in employee releases

By Kyla Stott-Jess and Kyle Cadieux An employer in Canada would be forgiven for thinking that a release of liability related to employment would protect it from all future claims by that employee. However, a recent Alberta Human Rights Tribunal decision, Hutton v. ARC Business Solutions Inc., 2015 AHRC 7, suggests that the matter is […]

When an Employee Wants to Resign but Continue Working

by Susan Hartmus Hiser Q: We have an employee who has been having performance problems. He has offered to resign in lieu of being placed on a performance improvement plan, but he wants to continue working for another couple of months because he feels he has a better chance of getting a new job if […]

EEOC Guidance on Waivers in Severance Agreements

by Susan W. Kline Recent economic conditions have caused a number of employers to reduce staff. In response to this trend, the Equal Employment Opportunity Commission (EEOC), the agency that enforces Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA), has […]

Avoiding Legal Pitfalls During RIFs and When Reducing Workers’ Hours

by John Vering On Oct. 3, the U.S. Bureau of Labor Statistics’ reported that over the past 12 months, the number of unemployed has increased by 2.2 million and the unemployment rate has risen by 1.4 percentage points. Total nonfarm payroll employment decreased by 159,000 in September and thus far in 2008, payroll employment has […]