When Termination Becomes Litigation Risk: Using Severance Strategically

Constangy, Brooks, Smith & Prophete, LLP

A termination decision that appears straightforward internally can quickly become the foundation of a demand letter, agency charge, or lawsuit. In today’s evolving litigation climate, employers must think strategically—not only about the decision itself—but also about whether and how to use severance as a risk-management tool.

In this program, Constangy attorneys Gary Wheeler and Colin Thakkar will examine the realities of the 2026 litigation environment and provide practical guidance to help employers evaluate separation decisions through a risk-based lens.

Topics will include:

• The 2026 litigation landscape and summary judgment trends
• How termination decisions are challenged in agency proceedings and court
• When severance makes strategic sense—and when it does not
• Key drafting considerations and compliance pitfalls in 2026

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