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It highlights the need for a written severance agreement with an employee release of claims, proper age-based consideration and revocation periods for protected older workers, and careful state- and city-specific handling of confidentiality provisions. The advisory also addresses risks of releases that are overbroad or too narrow, including unenforceability or inadequate employee notice, emphasizing legal counsel for drafting compliance.",{"@graph":63,"@context":119},[64,80,102],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":41,"@type":70,"position":76},"https://docshare.wps.com/template/letters/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/severance-slip-ups-some-critical-errors-in-giving-out-severance-payments/279050/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/severance-slip-ups-some-critical-errors-in-giving-out-severance-payments/279050.png","ImageObject",442,249,{"name":88,"@type":89},"Anda","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/pdf","2026-10-31","2026-09-15",true,{"@type":98,"interactionType":99,"userInteractionCount":101},"InteractionCounter",{"@type":100},"ViewAction",10,{"@type":103,"mainEntity":104},"FAQPage",[105,111,115],{"name":106,"@type":107,"acceptedAnswer":108},"Why is a written severance agreement and release of claims required?","Question",{"text":109,"@type":110},"The advisory explains that severance is extra money and should be exchanged for something in return, specifically a general release of claims against the company. Instances are noted where severance was provided without requiring a written release.","Answer",{"name":112,"@type":107,"acceptedAnswer":113},"What additional requirements apply to employees aged 40 and older?",{"text":114,"@type":110},"The advisory cites the OWBPA and ADEA, which impose heightened severance agreement requirements. Key oversights include missing the proper consideration period (21/45 days), missing the 7-day revocation period, and not advising the employee of the right to consult legal counsel.",{"name":116,"@type":107,"acceptedAnswer":117},"How can confidentiality and the scope of a release create legal risk?",{"text":118,"@type":110},"Some states restrict confidentiality provisions, so employers must review applicable state and city laws and consider consulting legal counsel. The advisory also warns that releases can become unenforceable if they include unwaivable claims, and that releases that are too narrow may fail to properly inform employees what they are giving up.","https://schema.org",{"og:url":78,"og:type":121,"og:title":59,"og:site_name":91,"og:description":61},"article",{"robots":123,"canonical":78},"index,follow",{"doc_id":125,"site_id":56},279050,1790180209,{"code":4,"msg":5,"data":128},{"doc_id":125,"user_id":129,"nickname":88,"user_avatar":130,"doc_module":9,"category_id":40,"category_name":41,"doc_title":59,"doc_description":61,"doc_content":131,"file_id":132,"file_url":133,"file_type":134,"file_size":135,"view_count":101,"is_deleted":4,"is_public":9,"is_downloadable":9,"audit_status":9,"page_count":73,"language":136,"language_code":57,"site_id":56,"html_lang":57,"table_of_contents":137,"faqs":138,"seo_title":139,"seo_description":61,"update_tm":140,"read_time":9},962075006959,"https://ap-avatar.wpscdn.com/avatar/e0002397efbe92a78e?_k=1776741047341049297","Severance Slip Ups – Some Critical Errors in Giving Out Severance Payments  \nClient Advisories  \n03.01.2021  \nIn a world where layoffs and terminations are a possibility for any business, it is essential that employers  \nunderstand some of the critical mistakes they could make when providing severance payments to employees. Here are some of the biggest ones we have seen and how to conquer them:  \n1. Not having a written agreement with a release-Yes, there have been instances where an employer provides a severance payment and never required a written release in exchange. Remember, a severance payment, generally speaking, is not due or owing to at-will employees. It is extra, unearned money. For that reason, the company should require something in return from its employees and that is a general release of claims against the company.  \nTip: Memorialize your severance agreement in writing and require in exchange a release of claims.  \n2. Failing to consider the age of your employee – The Older Workers BeneØt Protection Act (OWBPA) and Age Discrimination in Employment Act (ADEA) and their regulations provide heightened requirements of severance agreements for employees who are forty years of age and older. Two of the biggest oversights in this category are failing to provide the proper consideration period (21 days/45 days) and failing to provide the revocation period of 7 days. There are other requirements under these laws, such as speciØcally advising an employee of their right to consult with legal counsel.  \nTip: Remember to consider the age of the employee when drafting the agreement, and follow all oftheADEA/OWBPA requirements, which varies depending on how many individuals are being terminated at that time.  \n3. Improperly including a conØdentiality provision-Some states have restricted the ability of employers to include conØdentiality provisions in agreements that conceal the facts underlying claims that form the basis for harassment suits. Employers need to be aware of what the laws governing them restrict and if there are ways to work within those restrictions to still include a conØdentiality provision.  \nTip: Review the state and city laws in which your employee works to determine if there are any restrictions on conØdentiality provisions. It is best to consult with legal counsel.  \n4. Including an overbroad/narrow release of claims-Employers fall on opposite ends of the spectrum here. Sometimes, employers include provisions in their general release that includes “any and all claims”Others go the distance to include so many claims and instances that the release, read on its face, improperly includes claims that cannot ever be waived by law, such as claims for workers’ compensation, charges with the Equal Employment Opportunity Commission, or unemployment claims. (Remember, non-waivable claims also varies by state). The consequence of a release that is too narrow is that the company provided the employee with a sum of money in exchange for a release that did not go the distance to properly inform the employee of the types of claims he or she was releasing. The consequence of an overbroad release is that a court may determine it is unenforceable completely because it is overbroad in including unwaivable claims.  \nTip: Consult with legal counsel. Drafting the proper scope of a release of claims is critical as it is the beneØt to the employer in exchange forgiving additional monies to the employee. Employers have to make sure employees understand what they are giving up, but cannot require that they give up certain rights.  \nIt is always best to consult with legal counsel in preparing a severance agreement. The laws are constantly changing and an agreement that may have been good a year ago is no longer necessarily up to par the following year.  \nIf you have questions about your current severance agreement template that you are using or about how to draft one, please contact any member of Archer’s Labor & Employment Group ","cbCaieCx9dgjjaF1","https://ap.wps.com/l/cbCaieCx9dgjjaF1","pdf",78194,"English","# Client Advisories\n## Common critical errors\n### Written agreement and release requirements\n### Age-based protections and required periods\n### Confidentiality provision restrictions\n### Proper scope of release of claims\n## Recommended next steps","[{\"question\":\"Why is a written severance agreement and release of claims required?\",\"answer\":\"The advisory explains that severance is extra money and should be exchanged for something in return, specifically a general release of claims against the company. Instances are noted where severance was provided without requiring a written release.\"},{\"question\":\"What additional requirements apply to employees aged 40 and older?\",\"answer\":\"The advisory cites the OWBPA and ADEA, which impose heightened severance agreement requirements. Key oversights include missing the proper consideration period (21/45 days), missing the 7-day revocation period, and not advising the employee of the right to consult legal counsel.\"},{\"question\":\"How can confidentiality and the scope of a release create legal risk?\",\"answer\":\"Some states restrict confidentiality provisions, so employers must review applicable state and city laws and consider consulting legal counsel. The advisory also warns that releases can become unenforceable if they include unwaivable claims, and that releases that are too narrow may fail to properly inform employees what they are giving up.\"}]","Severance Slip Ups - Some Critical Errors in Giving Out Severance Payments | PDF",1789515070]