Brian Keister v. Lhoist North America of Arizona, Inc.

**Employee Challenged Required Agreement for Enhanced Severance Pay** Brian Keister sued his former employer, Lhoist North America of Arizona, after the company required him to sign a special agreement to receive extra severance benefits. The agreement included a "waiver and release" (meaning Keister couldn't sue the company later) and a "non-solicitation clause" (meaning he couldn't recruit former coworkers to join him at a new job). Keister argued this non-solicitation requirement went too far and shouldn't have been bundled with the severance waiver. The court mostly sided with the employer. The majority of judges ruled that companies can require employees to sign agreements with non-solicitation clauses in exchange for enhanced severance benefits under retirement plans. However, one judge disagreed, arguing that non-solicitation restrictions go beyond what should reasonably be required in a standard severance waiver. **What This Means for Workers:** If your employer offers enhanced severance pay, they may legally require you to agree not to recruit your former coworkers in addition to giving up your right to sue. Before signing any severance agreement, carefully review all restrictions—not just the parts about legal claims—since these limitations could affect your future job opportunities.