Severance Agreements That Hold Up in Court: Drafting for Legal Protection and Peace of Mind

Ralph R. Smith, 3rd, Esq.

Ralph R. Smith, 3rd, Esq.

Ralph R. Smith, 3rd, Esq. is a Shareholder and Co-Chair of Capehart Scatchard’s Labor & Employment Group. Mr. Smith focuses his practice in employment litigation and preventative employment practices, including counseling employers on the creation of employment policies, non-compete and trade secret agreements, and training employers...
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October 08, 2025
01:00 PM ET | 12:00 PM CT
60 Mins

Severance agreements can be a powerful tool for employers—not only to support smoother employee transitions but also to reduce the risk of post-termination legal disputes. But these agreements are only as strong as their legal foundation. If not drafted correctly, they may fail to offer the protection employers expect.

In this practical and informative session, Ralph R. Smith, 3rd, Esq. will guide you through how to create severance agreements that are both fair and legally enforceable. You’ll learn about the critical legal elements every agreement should include, what types of claims can be waived, and the special rules that apply in specific situations. You’ll also walk away with proven strategies for negotiating and enforcing these agreements—helping you safeguard your organization and avoid costly legal missteps.

Webinar Objectives

This session aims to equip participants with the knowledge and tools needed to draft legally enforceable severance agreements that reduce the risk of post-termination litigation.

Attendees will gain a clear understanding of the key components, legal requirements, and best practices necessary to create agreements that stand up to scrutiny, while also supporting smooth employee transitions and protecting the employer’s interests.

Webinar Agenda

  • What Are Severance Agreements?
    • Definitions and Purpose
    • How, Why and When to Create Them.
  • The Contents of Enforceable Severance Agreements
    • Key Components.
    • Crafting an Effective Severance Agreement
    • Claims That Can Be Released in a Severance Agreement
    • Special Rules for Obtaining Enforceable Releases of Claims
  • Essential Clauses in Severance Agreements
    • Post-Employment Noncomplete Requirements
    • Nondisclosure Provisions
    • Essential Clauses: Non-Disparagement, Non-Hire and Others

Webinar Highlights

  • Learn the requirements for a legally effective severance agreement. 
  • Identify the necessary elements for an enforceable severance agreement. 
  • Recognize the benefits of using severance agreements in your company. 
  • Discuss the specific legal requirements for creating an enforceable release of legal claims.

Who Should Attend

This program is designed for attorneys, HR professionals, accountants, and paralegals may also benefit.


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