how to find lawyer to review severance agreement

Why do I need a severance review attorney review?

One of the most important reasons to have a severance review attorney review is to make sure you are being provided a fair amount.

Why do I need a severance agreement attorney?

A severance agreement attorney will be able to review the circumstances of your termination or resignation from your company to help you understand whether you have any viable legal claims that could allow you to ask for a greater amount in severance pay.

How do I schedule a severance meeting with my attorney?

Step 1. Step 2. Our office will call you to schedule a date and time for the meeting (either in person or by telephone). All meetings can be scheduled within 24 hours. Step 3. Our attorneys will conduct a thorough review of the agreement and discuss everything about the severance agreement with you and answer any of your questions. Step 4.

Can my company force me to have my severance agreement interpreted?

Generally, your company cannot force you to agree to have your contract interpreted under some other state’s law. However, you are allowed to agree to this if you are individually represented by an attorney in negotiating the terms of your severance agreement.

How do I challenge a severance package?

Here are the key steps for negotiating an exit package:Understand the components of a severance package. ... Wait before signing paperwork. ... Read everything carefully. ... Get an expert opinion. ... Understand your priorities. ... Negotiate for more than money. ... Decide on a reasonable request. ... Leverage your success.More items...•

How do I negotiate a better severance package?

Do your research before negotiating. Consider what other employees have received as a severance and consider how long you may be looking for other employment. Remember that you can negotiate benefits such as continued health insurance and assistance finding a new job in addition to severance payments.

What should you watch out for a severance agreement?

The Top Four Provisions to Look for in a Severance AgreementNon-competition and non-solicitation clauses;The method of severance payments (especially failure to pay in a lump-sum);What your employer can say about your ability to be re-hired; and.Clauses that limit your ability to file for unemployment.

How do you respond to a severance agreement?

How to respond to a severance offerDetermine your bargaining power. Before responding to the offer, understand your ability to negotiate. ... Research appropriate payment amounts. ... Calculate the length of your severance pay. ... Consider benefits and perks.

What is a generous severance package?

A generous severance package might include: Pay. It is standard to be paid for any accrued vacation time and also to be offered an additional lump sum, usually two weeks of pay for every year at the company.

Is severance pay taxable?

If you are retrenched, you should still be paid your notice period. Of your severance package, your severance pay will be taxed like a lump sum in the same way that a retirement fund is taxed.

Do severance agreements hold up in court?

Such an agreement is usually called a waiver or release. In exchange for getting a severance package, the employee waives the right to sue the company for the legal claims specified in the release. (Many releases require the employee to waive the right to sue for any claims arising out of the employment relationship.)

Can a severance offer be rescinded?

As a legal matter the employer cannot rescind the offer during the waiting period, giving you time to consider it. However, the waiting period is for your benefit. Generally speaking, if you want to accept the offer before the end of the waiting period, you can do so.

Can companies rehire after severance?

Yes. There are no laws prohibiting employers from rehiring laid-off employees. Rehiring a laid-off employee can save you time and money, since they are familiar with your business practices, and additional resources won't be needed to train them.

How do you know if your severance package is fair?

An employee's tenure is an important factor in assessing severance. The others are age, position, re-employment prospects and court precedents. The ability to find a comparable role is the most important reference point. The main objective is to allow the dismissed employee sufficient time to find a comparable job.

How do you negotiate a severance executive?

Use the following steps to negotiate your executive severance package:Assess your company's severance offer. ... Do your research. ... Know what you want to negotiate. ... Speak with your prospective employer. ... Use your leverage. ... Get a second opinion. ... Be mindful of your behavior. ... Get your severance package in writing.More items...•

How do you negotiate a termination clause?

Negotiating the removal of the termination clause is no different than attempting to negotiate a higher starting salary; if the employer is unwilling to remove the termination clause, you may try to change the terms of the termination clause to provide for a longer notice period if dismissed; and.

What is a severance agreement?

Employee Benefits: A severance agreement should explain what benefits the employee will receive upon separating from the employer, such as any continuation of health coverage and the employee's right to stay in the employer's medical plan temporarily under the federal COBRA law. 4. Release of Claims: Employers usually want severance agreements ...

Why do employers use severance agreements?

Proprietary Information: Employers usually use severance agreements to prevent former employees from using proprietary information in their future work. An attorney can work with the employee to identify and document the return of all proprietary information.

What can a lawyer negotiate?

In some cases, the lawyer can negotiate a carve-out of certain information that is valuable to the employee ( e.g. performance evaluations) so it can be used in future employment or business.

Who owes money to an employee?

Money the Employer Owes: An employer who owes an employee money – e.g., for unused vacation time or unreimbursed expenses – must pay it regardless of whether a severance agreement is signed. If the parties do plan to sign one, it should include a date by which the employer must pay what it already owes the employee. 3.

Should an employee hire a lawyer to defend him or her in a criminal proceeding?

Just as a client would not hire a real estate lawyer to defend him or her in a criminal proceeding, an employee should think twice about having the lawyer who handled, for example, his or her will, "look over" a separation agreement.

Do general releases require employees to give away the store?

The general releases that employers draft often require employees to give away the store ; an attorney can fight to make the release more balanced by, for instance, making it mutual so the employer releases any claims it may have against the employee.

Can an employee's attorney scale back a provision?

The employee’s attorney can negotiate to scale back this provision by changing the requirement from “full” cooperation to “reasonable” cooperation that suits the employee’s schedule, and to create a right to sufficient notice of the need for cooperation.

What is a severance agreement?

All severance agreements are an employer’s way of protecting themselves against future legal action. As an employee, you are entitled to certain protections upon your termination under the law, including the right to file a lawsuit against the company.

What is a non-compete clause in a severance agreement?

Another common item in a severance agreement is a non-compete clause, which would prevent you from obtaining a job for a certain amount of time or using any knowledge from your current position in any capacity with a competitor for a specific amount of time. You may not have signed a non-compete or non-solicitation agreement beforehand and ...

Can you sign a severance agreement without requesting changes?

When you are presented with a Severance Agreement from your employer, it can be confusing to know what, exactly, they are asking you to sign. It is a good idea to have any severance agreement reviewed by an experienced employment attorney before agreeing to it without requesting changes.

Is severance a straight forward agreement?

You employer is not simply offering you severance in order to assist you, it is aiming at protecting itself from litigation and future litigation costs. While it will be presented to you as “in your best interest,” not all severance agreements are so straight-forward or even in your interest. Before signing any severance agreement, you need ...

In a word, Yes

As an employment lawyer, I spend a considerable amount of time reviewing severance agreements for clients. Severance agreements are often filled with complicated legal issues and can be challenging to understand and properly navigate.

Here are a few of the clauses that clients often need assistance with

1. The Severance Payment: If an employee is already entitled to receive a severance payment, whether pursuant to an employment contract or company policy, there is no need to sign a severance agreement to get that money.

What is a severance agreement?

The severance agreement is the document or set of documents that you are required to sign in order to receive the severance pay. The severance agreement is usually several pages long and often contains various parts, including a release of all legal claims, confidentiality agreement, and non-disparagement agreement.

Why do employers offer severance packages?

The most common reason employers offer Severance Packages is because it wants to end its relationship with the employee —forever. Employees who have been wrongfully terminated, harassed or who have experienced wage theft can wait to sue their former employer for up to four years.

What is a severance package?

The term “Severance Package” usually refers to both a severance agreement and severance pay, however it is also used to refer to either one of those individually. A typical severance package includes both a severance agreement and severance pay.

Why did Jennifer's manager retaliate against her?

Her manager had retaliated against her after she reported to the manager’s supervisor that he was committing fraud against one of the company’s customers. The company offered Jennifer a severance package with a confidentiality agreement. Unsatisfied, Jennifer attempted to negotiate a better package.

What are the risks of negotiating a severance package?

Beware of the risks of negotiating your own severance package. You should be aware of the risks, however, of negotiating your own severance. One risk is that you will fail to understand the true value of any potential case you have against the company.

What is considered severance wages?

In order for the payment to be considered severance wages, it must meet the following requirements: The payment is made according to a company plan or policy; The plan or policy provides for payment to employees who are terminated for specific reasons, e.g., job elimination, reduction in force, closure, etc.;

Is severance a secret?

While the fact that your employer provides a severance is likely not a secret, the amount it pays you is highly confidential. To prevent other employees from learning how much severance the company provides to employees, the company will require you to sign a confidentiality agreement as part of your severance package.

What is a severance package?

Your severance package is an agreement between you and your employer signed upon your termination. Your employer is going to set up a severance agreement that favors them, not you. You need to make sure there are no clauses that can hurt your ability to obtain money now and other employment in the future.

What is a non-disparagement clause in a severance agreement?

Severance agreement often contain a non-disparagement provision that limits anything negative or disparaging you can say or write about the employer and its employees. These provisions apply to social media such as Facebook and Instagram so you must be careful.

Does a severance agreement include a release?

However, employers rarely include the employee release in the first version of the severance agreement. The severance agreement may also limit any future claims to arbitration and not court. You must make sure you are comfortable with and understand this before you sign any agreement.

Can you sue an employer for a severance agreement?

Employers will often agree to release the employee from any claims the employer may have against the employee. However, employers rarely include the employee release in the first version of the severance agreement.

Do you have to sign a severance package when you lose your job?

Losing your job is a stressful and difficult time in your life. Many employers will offer you a severance package when your employment ends. You should not sign any severance package until an employment attorney reviews the package with you first. The severance package may seem fine to you, but there may be tricky clauses or other bad provisions in ...

Can a severance agreement prevent you from working?

Severance agreements may contain non-compete and non-solicit restrictions which prevent you from working certain jobs after you leave and hiring away other employees from the employer. These restrictions are very confusing, but they have a big impact on your ability to find a new job. You should have an employment attorney review any severance agreement that contains these provisions.

Can you talk about severance with other employees?

Your employer will want to keep the contents of your severance package confidential so that you do not talk about it with other employees. You must understand that your severance is confidential. You may forfeit your severance benefits if you talk about your severance and the agreement prohibits you from talking.

2 attorney answers

The hourly fee an attorney charges for his or her time varies greatly, depending on experience, qualifications, specialties, geographic location and most importantly, client needs, expectations and desires. Where I practice in DFW, the hourly rate attorneys charge for their time averages between $100 to $750.

Gregory Calvin Mack

Every attorney charges differently, but you should be able to find a reasonable hourly rate for severance review.