Severance workouts, also called severance agreements, are not guaranteed in every job. Employers will sometimes offer them as part of an initial employment agreement, or they may offer them at the time of termination. Regardless of when you are presented with a severance agreement, it is important to have an employment severance negotiations lawyer review it.
An experienced attorney at Beth Santilli Law, LLC can help employees respond to and negotiate these agreements so they do not forfeit their rights. We can also help businesses review, draft, and defend agreements.
Accepting the Severance Agreement
Too many times, employees simply accept a severance agreement without fully reviewing it or trying to negotiate. Still, there are times when accepting the agreement may make the most sense. For example, if the employee does not have a valid legal claim against an employer for a termination and the terms of the agreement are fair, accepting the offer can provide the easiest way for both the employer and employee to go their separate ways.
Even under these terms, it is crucial that you review the agreement or speak to an attorney who can review it for you. This is the only way to ensure the employer is not infringing on your rights and that you are not giving anything up by signing.
Rejecting the Severance Agreement
You may have many reasons to reject a severance agreement. You may want to bring another issue to light, such as wrongful termination due to discrimination, or the employer may simply not be offering enough money. It is important to understand that if you do not feel the agreement is fair you should not sign it without first having a lawyer review it. This is especially true if you feel as though your employer has done something illegal.
The agreement likely contains a provision that you cannot sue your employer in the future—so, if you sign it, you will be signing away that right. You may tell your employer that you reject the offer due to its unfair terms, or you can simply allow the agreement to lapse.
Negotiating a Severance Agreement
Many employees do not realize that most severance agreements are not a take-it-or-leave-it situation. In many cases, you may be able to negotiate better terms. This is most often true if you have possible legal claims against the employer. Most companies offer severance agreements in an attempt to prevent legal action in the future.
Even if you do not have a legal claim, the employer may simply offer the severance for their own peace of mind. However, when you do have a valid claim, you have much more leverage and bargaining power, which you can use to negotiate a better severance.
Get Legal Help Today
If your employer has approached you with a severance agreement, it is critical that you allow an experienced employment severance negotiations lawyer to review it before signing. At Beth Santilli Law, LLC, our experienced attorneys can review all the facts of your case, determine if you have a valid legal claim, and review the agreement to determine if it is fair. Contact us today to schedule a consultation with a skilled attorney and learn how we can help.