Terminated employees may receive severance agreements or separaiton agreements from their employer. These agreements pretty much always contain a release where the employee releases the employee's right to file a charge and/or sue the employer with some very limited exceptions. In exchange for the release, employers offer employees additional consideration also known as severance payment. If you have been given a severance agreement or separation agreement and/or general release by your employer / former employer, it is very important that you contact an employment attorney as soon as possible.
A skilled employment attorney may be able to negotiate a higher severance payment amount on your behalf. For instance, if you have been working for an employer for ten (10) years, and your employer is offering you one (1) week of severance pay for each year of service, which equals ten (10) weeks of pay; a severance attorney may be able to get you additional weeks of payment in addition to the ten (10) weeks of payment you were initially offered. In addition to additional compensation in the form of weeks of pay, a severance lawyer may also be able to obtain additional compensation on your behalf such as more paid health insurance and other benefits. There is no guarantee that an employment lawyer, no matter how good they are, will be able to negotiate additional severance pay on your behalf; However, my law firm has been successfully able to do so in a high percentage of severance agreement and/or sepration agreement matters.
In addition to potentially negotiating additional severance payments and/or benefits on your behalf, a New York and/or New York City severance lawyer can explain the agreement in a way you can understand, so that you know and understand everything that you are agreeing to before you sign and bind yourself to the terms of the severance or separation agreement. An employment lawyer can also explain the enforceability of the clauses in the agreement and may be able to negotiate additional and/or amended language to protect you. Severance and/or Separation Agreements and releases are complex legal documents that should be reviewed by a professional employment lawyer that represents you prior to your acceptance of the terms of the severance / separation agreement.
Separation agreements and severance agreements may contain restrictive covenants, such as a clause that prevents you from working in the same field for a certain amount of time, and this restriction may or may not be limited by geographic location. An employment attorney can explain any restrictive covenants and the enforceability of the restrictive clauses to you, so that you understand what you are agreeing to prior to binding yourself to an agreement, that if you breach, may very well subject you to liability for breach of contract.
There are also certain extra protections you may have, that you do not know about, based upon your age, which an employment attorney can explain to you. Separation or Severance agreements often have very limited time periods in which you have to accept the agreement, a labor and employment lawyer may very well be able to get an extension on your behalf in order to allow for more time to negotiate on your behalf. I advise that you consult with and/or hire a severance agreement attorney as soon as possible after you are presented with a severance agreement / separation agreement.
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The information contained on this website is for general purposes only, and may not be accurate due to changes in the law and/or other reasons. The information contained on this website should not be relied upon and does not constitute legal advice, nor establish an attorney-client relationship. Contact an attorney and/or the Law Office of William L. Teitler for legal representation / legal advice. Contacting the Law Office of William L. Teitler does not, by itself, establish an attorney-client relationship.
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