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ARTICLE · 16 JUNE 2023

Common Mistakes In Severance Agreements

Severance agreements are legal contracts between an employer and a former (or soon-to-be former) employee that provide compensation...

United StatesEmployment and HR

Severance agreements are legal contracts between an employer and a former (or soon-to-be former) employee that provide compensation and/or benefits to the employee in exchange for certain promises and obligations, usually including a release of the employee's potential claims against the employer.

Despite the fact that severance agreements are commonly used in organizations of all types, employers frequently make mistakes in preparing severance agreements, and their errors can cause an employee's release of claims to be unenforceable, leaving the employee with severance benefits in hand and the employer without protection against a potential suit.

From a big picture standpoint, the most common mistake employers make is treating severance agreements like generic, "one-size-fits-all" documents, ignoring differences in state laws, changes in the law that occur frequently, and the unique circumstances of each employee.While some language is suitable for use in most

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