Why You Need a Severance Agreements Lawyer

Have you recently been offered a severance agreement from your employer? Maybe you are asking yourself, “Should I have a lawyer review my severance agreement?” Severance agreements can be tricky, long documents with provisions that may greatly impact your rights. Enlisting an attorney for severance agreement services is a trusted method of how to ensure fair treatment in severance deals. These agreements are typically legally binding documents, requiring significant consideration prior to signing. Employment lawyers have the experience to quickly note any red flags in your agreement. One consultation could make a big difference in your future rights.

What Are Severance Agreements?

A severance agreement is a contract between you and your employer regarding the termination of employment. In this contract, the terms of separation are clearly defined and agreed upon. Examples of common provisions include severance pay, a release by the employee of all claims against the employer, continuation of health care benefits, non-compete requirements, eligibility for unemployment, rehire issues, and non-disparagement. Severance pay is commonly offered in exchange for the employee’s release of claims against the employer. However, it’s vital to carefully read over the release clause to ensure you don’t sign away important rights.

Should I Have a Lawyer Review My Severance Agreement?

Severance agreements lawyers can protect you. Severance deals are long, complicated documents, and you may be giving up critical rights by signing a severance agreement. By consulting an attorney prior to signing any release of claims against your employer, you can be confident in taking the necessary measures to protect your rights. Severance lawyers are able to assist in a myriad of ways:

1. Review the agreement

An experienced attorney for severance agreement services can review the contract from an unbiased perspective, certifying it complies with legal standards. When you need to know how to ensure fair treatment in severance deals, consulting a knowledgeable attorney is key.

2. Explain complex legal terminology

A severance agreements lawyer can help you navigate the complex legal language in your agreement, ensuring you completely understand the terms of your separation. If you have any questions at all, we recommend consulting an attorney before signing your severance contract.

3. Negotiate

Are you unhappy with the amount of severance pay offered? If you don’t like the proposed deal, you should have a lawyer review your severance agreement. In some instances, an attorney can help you negotiate a higher severance payment to cover the costs of looking for a new job

4. Identify unenforceable clauses

While these contracts are typically legally binding, a severance agreements lawyer can identify any unenforceable clauses that violate legal standards. In other words, you may retain some legal rights despite the wording of a specific clause. It is important to understand what can and cannot be enforced in the court of law.

5. Challenge termination

Are the circumstances surrounding your termination questionable? Consult an attorney to discuss the specifics of your separation. A lawyer can challenge the legality of your termination and secure a better severance package or compensation through legal action. This would be an escalation from negotiation with the employer.

6. Provide legal representation

If a legal dispute does happen to arise, an attorney for severance agreements can provide legal representation in court.

How to Ensure Fair Treatment in Severance Deals

Now that we’ve answered the question, “Should I have a lawyer review my severance agreement?” It's time to ask what fair treatment looks like in a severance deal. There are a few key factors to consider:

1. Severance Package Details

Severance packages come in a variety of forms– make sure your deal grants you the amount and type to which you are entitled. Generally, you have about 21 days to negotiate your severance package after receiving it. You have time to really consider your needs, such as a preference for a lump-sum payment or installments. Consult a severance agreements lawyer to assist in negotiations if you feel your employer hasn’t offered enough.

2. Benefits and Vested Assets

Do you receive health and life insurance or other benefits in addition to your salary? Your severance deal should include provisions regarding the continuation or termination of these benefits. Some severance contracts include benefits such as job assistance and other advantages. Plus, if your salary included a retirement plan or stock options, you may be entitled to access these through your severance package. Consult an attorney for severance agreement services with any questions.

3. Paid Time Off

Do you have any unclaimed paid time off or unreimbursed business expenses? Severance agreements should reflect all expenses your employer still owes prior to signing it. You should have a lawyer review your severance agreement to arrange the maximum pay-out for your time to ensure fair treatment in severance deals.

4. Non-Competition Agreement

You likely signed your non-competition agreement at the onset of your employment; however, your severance deal may include a provision relevant to this clause. An experienced attorney can help you understand the enforceability of any non-competition agreements, as well as negotiate a specific clause in your severance deal.

5. Qualification for Unemployment Assistance

Severance deals exceeding a maximum benefit rate may disqualify you from unemployment assistance through the government. A severance agreements lawyer can review your contract to explain how it may affect your potential unemployment benefits.

6. Rehiring Provisions

Some severance contracts list specific criteria as to whether a terminated employee may be rehired in the future. Any severance deal should specify the process for rehiring any laid-off employees. It’s important to note that these criteria may not reflect any form of discrimination that would violate employee protection laws.

How Much Does It Cost To Consult With an Attorney For Severance Agreements?

At Melmed Law, we begin with a free 15-minute consultation to discuss your unique circumstances. Our team regularly handles complicated California severance cases, and we are ready to help you better understand the terms of your agreement. To schedule a free consultation, contact us today.