When a job is terminated, a worker may receive an employment severance/separation agreement or package. In many situations, these agreements/packages are fully negotiable, and we can assist you either privately, behind the scenes or in front of your employer to get the compensation and benefits you deserve. We can also help with severance/separation negotiations and can ease your burden during this difficult time.
In most cases, severance/separation contracts offer money/compensation in exchange for the employee waiving his or her right to pursue a lawsuit/legal action against the employer.
In some situations, you may have suffered a wrongful firing from work, or discrimination, harassment and/or retaliation against your disability, race/ethnicity, sex/gender, pregnancy, age, sexual orientation, trans status, or other legally protected classification, and it may not be in your best interest to sign a separation/severance agreement that waives your right to pursue a legal claim.
An employment severance/separation agreement may also impose post-employment restrictions, such as limiting your ability to compete with the employer (also known as a "non-competition", “noncompete” or “CNC” agreement/contract), or may restrict your ability to work with or solicit the employer's clients (also known as a "non-solicitation" agreement/contract).
Even if an employer is within its legal rights to terminate employment, it often does not have the right to bind you to post-employment restrictions listed in severance or separation contracts, unless you agree to these restrictions.
Or, you may be over 40 years of age, which provides you additional considerations with regards to severance and separation agreements. Some of these considerations include the Older Workers Benefit Protection Act (OWBPA), which gives you additional rights with respect to terms and conditions contained in employment severance and separation contracts.
Our experienced NYC & NJ severance/separation lawyer can negotiate your agreement and help get you the resolution you deserve.