- videocam Live Webinar with Live Q&A
- calendar_month September 10, 2026 @ 1:00 PM ET/10:00 AM PT
- signal_cellular_alt Beginner
- card_travel Employment and Workers Comp
- schedule 60 minutes
Severance Agreements 101: Drafting Enforceable Provisions to Mitigate Employer Risk
Pre-Drafting Considerations, Relevant Federal and State Laws, Release of Claims
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About the Course
Introduction
This CLE webinar will provide new employment attorneys with an overview of how to draft enforceable severance agreements. The authoritative panel will discuss key pre-drafting considerations, including pertinent federal and state regulatory requirements that will determine what may be incorporated into the agreement. The panel will also address key provisions to be included and offer best practices for drafting.
Description
Severance agreements in which defined severance payments are offered as consideration in exchange for an employee's release of claims against the company are a valuable tool for employers to help mitigate the risk of future litigation. However, new employment attorneys must understand what provisions should be included in the agreement and how to draft enforceable provisions, taking into account relevant federal, state, and local law requirements. Therefore, several factors must be considered before drafting even begins.
For example, counsel should know how many employees are being affected by the termination to determine whether the federal WARN Act and/or state mini-WARN equivalents may be implicated. They should also understand whether the employee(s) in question are 40 years of age or older so that certain disclosure, consideration, and revocation requirements under the Older Workers Benefit Protection Act (OWBPA) are met. Further considerations include determining which laws allow employees to waive future claims to be included in the claims release provision and whether and to what extent restrictive covenants may be included such as non-solicitation, non-disparagement, and noncompete clauses.
When ready for drafting, boilerplate language should be avoided. Key provisions to be incorporated in the severance agreement include release of claims, restrictive covenants, return of company property, incorporation of other pertinent agreements, and the amount of severance to be paid and the process for distribution.
Listen as our authoritative panel provides new employment attorneys with the basics of how to draft enforceable severance agreements.
Presented By
Ms. Danis has over 25 years of experience protecting the rights of individuals and advocating for justice in employment discrimination, civil rights, breach of contract, and constitutional cases. Before joining the firm, she developed and resolved groundbreaking cases during a distinguished career as an attorney at the U.S. Department of Justice (DOJ) and the Equal Employment Opportunity Commission (EEOC). An experienced advocate for employees who have been victims of discrimination, harassment, or retaliation, Ms. Danis has practiced in federal trial, appellate, and administrative courts. She previously held senior roles in the DOJ, including Deputy Chief and trial attorney in the Civil Rights Division’s Employment Litigation Section, Acting Deputy Special Counsel and Special Litigation Counsel in the Immigrant and Employee Rights Section, and attorney in the Appellate Section. At the EEOC’s Office of General Counsel, she successfully litigated appeals in disability discrimination and sexual harassment cases. Ms. Danis has been at the forefront of pursuing employment discrimination claims that involve technology, AI, and automation in employment decision making. She has successfully challenged facially neutral hiring practices with disparate impacts based on sex, race, or national origin, in violation of Title VII of the Civil Rights Act of 1964. Her work has also targeted the misuse of temporary employment-based visa programs in the agricultural, hospitality, and technology sectors, with particular expertise in IT recruiting and staffing practices.
Ms. Sholinsky advises employers on all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post-employment restrictions. She develops and audits employers' policies and procedures to ensure compliance with applicable federal, state and local law and best practices. Ms. Sholinsky counsels employers with respect to the avoidance of employment-related disputes, employee discipline, leaves of absence, accommodation requests, and termination of employment. Ms. Sholinsky serves on the adjunct faculty of the Cornell University School of Industrial and Labor Relations, where she teaches courses concerning human resources and the law. She also frequently speaks at events and webinars on employment law topics and authors numerous publications on employment law issues.
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This 60-minute webinar is eligible in most states for 1.0 CLE credits.
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Live Online
On Demand
Date + Time
- event
Thursday, September 10, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction: when to use a severance agreement
II. Pre-drafting considerations
A. WARN
B. ADEA/OWBPA
C. State and local requirements
D. Severance payment and process
E. What is included in the release of claims? What cannot be waived?
F. Other
III. Key contractual provisions
A. Release of claims
B. Restrictive covenants
C. Return of property
D. Severance payment, process, and tax implications
E. Incorporation of other agreements
F. Other
IV. Practitioner takeaways
The panel will review these and other important issues:
- What federal and state laws impact the drafting of severance agreements? In what ways?
- Why should boilerplate language be avoided?
- What pre-drafting considerations should be made before creating a severance agreement?
- What key provisions should be included in the agreement?
- Solutions to common employee-side objections
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