Drafting Enforceable Severance Agreements in the Wake of New State Law Changes on Confidentiality

In the wake of the “me-too” movement, many states have enacted new laws imposing restrictions on an employer’s ability to demand confidentiality from employees when settling claims. Some states go beyond “me-too” considerations and have imposed rules that impact not just the confidential settlement of harassment claims, but discrimination and retaliation claims as well.

Accordingly, employers who think they may have resolved a dispute with an employee may be shocked to learn that their agreements are not worth the paper they are printed on, and what they believed were enforceable contractual terms have been shredded by state public policy. Worse, employers who assume that a settlement deal has successfully silenced an employee from publicizing the details of their underlying claim may have to, under new state laws, realize there is nothing they can do to stop those facts from becoming public. 

This webinar will examine the new state laws that have been enacted in the last few years and the new restrictions employers need to know.

1.0 hour CLE and HRCI credit pending. This program is valid for 1.0 PDCs for the SHRM-CP® or SHRM-SCP® 

Questions? Contact Courtney Brown at cbrown@btlaw.com or 317-231-7312.