Close X

Attorney Spotlight

How does Eli Richardson's past work with the federal government inform his client interactions? Find out more>

Search

Close X

Experience

Search our Experience

Experience Spotlight

In June 2016, AmSurg Corp. and Envision Healthcare Holdings, Inc. (Envision) announced they have signed a definitive merger agreement pursuant to which the companies will combine in an all-stock transaction. Upon completion of the merger, which is expected to be tax-free to the shareholders of both organizations, the combined company will be named Envision Healthcare Corporation and co-headquartered in Nashville, Tennessee and Greenwood Village, Colorado. The company's common stock is expected to trade on the New York Stock Exchange under the ticker symbol: EVHC. Bass, Berry & Sims served as lead counsel on the transaction, led by Jim Jenkins. Read more.

AmSurg logo


Close X

Thought Leadership

Enter your search terms in the relevant box(es) below to search for specific Thought Leadership.
To see a recent listing of Thought Leadership, click the blue Search button below.

Thought Leadership Spotlight

Inside the FCA blogInside the FCA blog features ongoing updates related to the False Claims Act (FCA), including insight on the latest legal decisions, regulatory developments and FCA settlements. The blog provides timely updates for corporate boards, directors, compliance managers, general counsel and other parties interested in the organizational impact and legal developments stemming from issues potentially giving rise to FCA liability.

Read More >

Labor Talk Blog: Release Language Hazards and How to Fix Them

Publications

June 17, 2014

The EEOC has been challenging the legality of releases, attacking certain language that some employers consider standard. The EEOC responds that it is merely acting consistently with its 1997 Enforcement Guidance on what it considers "non-waivable rights." So, what has drawn the EEOC's adverse attention? Here is a brief overview:

  • Covenants not to sue which include an employee's agreement not to file a charge of any kind;
  • General release language that includes charges of any kind, including any discrimination charges.
  • Confidentiality clauses, along with non-disparagement clauses, that include the obligation of the former employee to notify the Company before sharing any information, even if required by subpoena to disclose information.

Employers should include the necessary carve-outs in these releases:

  • Any covenant not to sue or general release should include a carve-out that the covenant does not prevent the employee from filing a charge; the language in the carve-out also should indicate that the employee does waive the right to recover any monetary damages in any charge or lawsuit brought on the employee's behalf;
  • A confidentiality clause likewise should have a carve-out that the language does not prevent the employee from participating in an investigation.

Given the EEOC's more aggressive approach, it is wise for employers to have their current releases reviewed by competent legal professionals familiar with this trend.


In Case You Missed It:

Related Professionals

Related Services

Notice

Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.