Learn how best to draft settlement agreements in employment related litigation to ensure that both parties’ objectives are reached.

Employment-related litigation is not going away, and typically increases in times of high unemployment. Whether frivolous or meritorious, there is often a strong desire by both sides to settle matters. Sometimes coming to agreement is the easy part; memorializing the agreement is not. This material will walk through numerous issues involved in drafting settlement agreements in employment-related litigation, including sample language, pitfalls, legal considerations and proper tax treatment, with the object being to ensure that the written document meets the parties’ objectives in reaching a settlement.

Learning Objectives

  • You will be able to discuss how to draft issues and specific provisions.
  • You will be able to review taxation of settlements.
  • You will be able to define class actions and PAGA actions.
  • You will be able to describe strategic considerations and timing of settlements.

Agenda

Drafting Issues and Specific Provisions
  • The Use of Recitals
  • Understanding Claims and Allocating Damages
  • Confidentiality and Non-Disparagement Provisions
  • Releases
  • Liquidated Damages for Breaches
  • Other Typical Clauses
T
axation of Settlements
  • Wages
  • Compensatory Damages
  • Penalties
  • Attorneys' Fees

Class Actions and PAGA Actions
  • The Pros and Cons of Qualified Settlement Funds
  • Court Approval

Other Issues
  • Strategic Considerations and Timing of Settlements
  • Bankruptcy

Who should attend?

This live webinar is designed for payroll professionals, human resource and benefit professionals, accountants, controllers, business managers, office managers, presidents, vice presidents, CFOs, finance directors, bookkeepers, and attorneys.


Your Instructor

William Hays Weissman
  • Shareholder and member of the Board of Directors of Littler Mendelson P.C., the nation’s largest labor and employment law firm dedicated to representing management, resident in its in Walnut Creek, California
  • National legal practice in employment and tax matters
  • A frequent speaker and writer on various employment an d tax issues, including a regular column in State Tax Notes, a weekly national publication on state tax issues, and articles in numerous publications including The New Republic, The CPA Journal, the Journal of Taxation of Investments, and the Employee Benefit Plan Review.
  • Recognized as a leading employment tax attorney and a past chair of Employment Taxes Committee of the Tax Section of the American Bar Association
  • J.D. degree, District of Columbia School of Law; LL.M. degree in taxation, Golden Gate University School of Law; M.B.A. degree, University of California at Davis Graduate School of Management; B.A. degree, The George Washington University