David S. Kessler

David S. Kessler

Organization - Haynes, Kessler, Myers and Postalakis


Understanding, Drafting, And Using Severance Agreements

Learning Objectives

Attendees will learn:

1. Tips for drafting severance agreements;

2. The law governing severance agreements; and,

3. The do's and don'ts of severance agreements.


In this session, attendees will learn when it is appropriate to use severance agreements, as well as helpful tips for provisions to include (and avoid) in such agreements. The presenter will also discuss laws governing severance agreements such as the Older Workers Benefit Protection Act, the Fair Labor Standards Act, and the lawful scope of confidentiality and non-competition provisions. The presenter will touch upon unlawful severance agreement provisions and the limitations on release of liability provisions. Also addressed will be common ìboilerplateî provisions and what they actually mean.


David S. Kessler is a partner in the firm of Haynes, Kessler, Myers and Postalakis in Worthington, Ohio. David has practiced in the areas of labor and employment law since his admission to the bar in 1989. His practice primarily consists of defending and advising private and public sector management clients concerning traditional labor law topics such as union organizing, collective bargaining and contract administration, as well as litigation involving civil rights, discrimination, and enforcement of covenants against competition. David has investigated employee wrongdoing, harassment and retaliation cases, and been involved in drafting hundreds of severance agreements across the state.