Constangy Webinar - When Termination Becomes Litigation Risk: Using Severance Strategically
Termination decisions that appear straightforward internally can quickly become the foundation of demand letters, agency charges, or employment litigation. In today’s evolving litigation environment, employers must think strategically not only about the termination decision itself, but also about how severance agreements may help reduce legal risk and support defensible outcomes.
In this webinar replay, Constangy attorneys Gary Wheeler and Colin Thakkar discuss how employers can evaluate severance decisions through a risk-management lens, including litigation trends, drafting considerations, and practical separation strategies for 2026.
How Is the 2026 Litigation Landscape Affecting Termination Decisions?
Gary and Colin discuss recent litigation trends, including how courts and agencies are evaluating employment decisions and why employers should approach separation decisions more strategically in the current legal environment.
How Are Termination Decisions Challenged in Litigation?
Employment decisions may be challenged through demand letters, administrative agency charges, or lawsuits. The presenters examine common areas plaintiffs’ attorneys focus on when evaluating termination-related claims.
When Does Severance Make Strategic Sense?
Severance agreements can sometimes help employers reduce litigation exposure and facilitate smoother employment separations. Gary and Colin discuss situations where severance may provide strategic value, as well as circumstances where it may not be the right approach.
What Severance Agreement Drafting Issues Should Employers Consider?
The webinar also covers important drafting considerations, including release language, enforceability concerns, and evolving compliance risks employers should monitor in 2026.
Key Takeaways for Employers
- Termination decisions increasingly require a risk-management approach
- Severance agreements may help reduce litigation exposure in some situations
- Employers should evaluate separation decisions consistently and carefully
- Poorly drafted agreements can create additional legal risk
- Litigation trends continue to shape severance and release strategies
Related Resources
- When Termination Becomes a Litigation Risk: Using severance strategically
- Separation Agreement Articles on Employment & Labor Insider
- Workplace Investigations 301: Privilege, Determinations & Reporting – Getting It Right
- Constangy Blogs & Insights
Webinar Speakers
Gary Wheeler
Partner | Jacksonville
Gary advises and defends employers in employment litigation, wage and hour disputes, ADA and FMLA compliance matters, workplace investigations, and other employment-related workplace issues.
Colin Thakkar
Senior Counsel | Jacksonville
Colin represents employers in labor and employment matters involving discrimination, retaliation, wage and hour compliance, medical leave, restrictive covenants, trade secrets, and workplace risk management strategies.
