As the unemployment rate rises throughout the United States, employers of all sizes are faced with difficult layoffs and reductions in force. An added layer of complexity is created when the employer offers severance pay benefits in exchange for a release agreement. Todd Solomon, an employee benefits attorney with vast experience in severance plan matters, discusses the legal issues involved in offering severance benefits and securing release agreements, including the following: - ERISA coverage of severance plans and reporting and disclosure requirements. - Typical severance plan provisions and benefits. - Application of Code Section 409A to severance benefits and relevant exceptions. - WARN Act and notice requirements for plant closings. - Typical provisions of severance release agreements and best practices. - Requirements for age discrimination waivers and relevant EEOC guidance.