Monday, October 5, 2015

Negotiating a Severance Agreement

Negotiating a Severance Agreement

What is a severance agreement?

Many times when an employee is terminated or is threatened with termination from their job the employer will discuss with the employee the possibility of a severance agreement. Even if the employer does not discuss this possibility with the employee, it may be an option that is worth pursuing. It is particularly important for employees to have representation in these negotiations. One reason why independent representation is critical is that the severance agreement will invariably include a release of all potential claims that the employee has against the employer in exchange for the severance payment. If you believe you have a claim against the employer because the employer may have violated laws that protect employees, it is important to act quickly to protect your rights and contact a Toledo severance agreement attorney to help you in negotiating a severance agreement. I provide counsel, advice and litigation services to workers with claims against their employers, including claims for wrongful termination, retaliation, sexual harassment, gender, race, religious and disability discrimination, hostile working environment, minimum wage and hours and overtime, and other violations of statutory law, including under the Family and Medical Leave Act (“FMLA”), Title VII, the Americans with Disabilities Act as amended, the Age Discrimination in Employment Act, Fair Labor Standards Act, the Civil Rights Act, the National Labor Relations Act (“NLRA”), constitutional claims against governmental entities, and state and federal whistleblower claims.

How does the process of negotiating a severance agreement usually begin?

Most of the time, the employer will draft the first draft of the severance agreement and present it to the employee along with the news that they have been terminated. The employer will provide the employee with a limited amount of time (usually 21 days) to review the severance agreement, sign, and return the severance agreement to the employer. It is at this point, as soon as the severance agreement is delivered to the employee that it is critical to contact an Ohio severance agreement attorney to review the agreement and to advise the employee regarding the severance agreement.

I’ve just been provided a severance agreement after being terminated from my job. Should I try to negotiate a better deal? Do I really need a lawyer to review my severance agreement?

The answer to this is yes and no. No you shouldn’t negotiate the agreement by yourself. And yes, you should contact an Ohio severance agreement attorney to review the agreement and to advise you regarding the severance agreement. A key to any severance negotiation is determining what negotiating leverage the employee has and can use. Whether the employee has leverage in a given situation involves many complicated employment related legal concepts that should be analyzed by an Ohio severance agreement lawyer.

If you are an executive or other professional employee who has been offered a severance package, I can help you. I am a Toledo Ohio severance agreement lawyer and I represent individuals in the negotiation of severance agreements. It takes an experienced attorney to be able to ensure that the basic provisions that should be included in severance agreements are included. Additionally, it is important that more detailed provisions covering specific items be included to protect the employee.
If you have been presented with a severance agreement and want a professional to review the document and advise you on your legal rights, I can help you. I can make suggested revisions to the severance agreement and provide you with proposed additional paragraphs or sections for you to use in negotiating a fair and equitable bargain, or if the situation merits it – I can negotiate the severance agreement directly with your employer.

Please do not hesitate to contact me to discuss how I can help you.

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