Careers

Diversity, Equity & Inclusion

Experience

Innovation

Interactive Maps

Locations

About

Pages

Meet our team of innovators
Ask us how we do it

Professionals

Insights

Services

Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

Home | Thompson Hine LLP

Atlanta

Chicago

Cincinnati

Cleveland

Columbus

Dayton

New York

Washington, D.C.

Welcome to the fifth issue in our series, Compliance Check 2020, a monthly publication that will help you perform a self-assessment of your company’s compliance with federal, state and local employment laws and regulations.

contentpilot/introduction

This edition is designed to assist you in conducting a self-assessment of your company’s approach to separation agreements, including a waiver and release of claims.

core/paragraph

When drafting the terms of a separation agreement, failure to adhere to federal and state requirements can result in a release being unenforceable or invalid. Moreover, as states respond to the #MeToo movement, many jurisdictions are changing the requirements for obtaining a valid release – particularly one that includes a release of harassment-related claims.

As you review your templates or forms, be aware that the requirements for obtaining a valid release have changed recently. Most HR professionals are aware of the requirements to satisfy the Older Workers Benefit Protection Act when it comes to obtaining a release of an age discrimination claim under federal law. In New York, however, if a waiver and release contains a confidentiality provision, the agreement must provide for a non-waivable 21-day review and 7-day revocation period. And Minnesota requires a 15-day revocation period for any release of claims under the Minnesota Human Rights Act. Given these state-specific requirements, it is critical to remember that one size truly does not fit all.

Here are some questions to help you assess whether your company needs to revise any of its forms or practices in relation to the waiver and release of claims:

core/list

core/heading

For more insight on these issues, please see our previous publications:

As always, we welcome your questions, feedback or suggestions. Please contact:

Nancy M. Barnes, Author &amp; Practice Group Leader 216.566.5578 <a href="mailto:Nancy.Barnes@ThompsonHine.com" target="_self" rel="noopener">Nancy.Barnes@ThompsonHine.com</a>

Megan S. Glowacki, Co-Editor 513.352.6503 <a href="mailto:Megan.Glowacki@ThompsonHine.com" target="_self" rel="noopener">Megan.Glowacki@ThompsonHine.com</a>

Heather M. Muzumdar, Co-Editor 513.352.6691 <a href="mailto:Heather.Muzumdar@ThompsonHine.com" target="_self" rel="noopener">Heather.Muzumdar@ThompsonHine.com</a>

This newsletter may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel. This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/Compliance_Check_2020_-_May_2019.pdf

Compliance Check 2020 – May 2019

Services