Drafting Settlement Agreements in Employment-Related Litigation

• Overview
• Credits

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.

Authors

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

Taxation 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