Chuck Knapp Quoted in JD Supra's Perspectives on the Makings of a Successful Separation Agreement

Faegre Baker Daniels labor & employment litigator Chuck Knapp was published on JD Supra's Perspectives with his take on what a successful separation agreement between employer and employee looks like.

Recent lawsuits and enforcement actions by the Equal Employment Opportunity Commission against companies with overly broad or misleading severance agreements have brought such agreements under the microscope.

Knapp said that separation agreements should be well written and easily understood. "A successful separation agreement should be short and simple," he said. "[It] also should address only those issues that need to be addressed; there's no need to repeat continuing obligations already undertaken by the employee in other agreements – let those agreements speak for themselves."

Knapp also shared his view that employers ought to avoid non-disparagement provisions, avoid covenants not to sue, and include a provision advising the employee that they may still file an administrative charge or participate in an administrative investigation.