In the aftermath of a job loss, you may have concerns about taking care of bills, meeting obligations in advance, finding a new job, and how your severance package will help you meet these shortages. In many instances, these plans are a single monetary settlement provided by the company and may be a standard payout for each terminated employee, or a unique number based on a formula created for the function of a large-scale cutback.
What many individuals do not understand is that the initial offer of severance from a company may be open to negotiation. A legal representative trained in negotiating for a severance package may be able to help you get a larger settlement to help with your transition. The best first move you can make is to be well informed and learn the facts about the process.
Businesses are not required to provide severance packages for terminated employees, but practices of these kinds are customary for most professional lines of business in the United States. Sometimes the severance package will act as a consideration in an indemnity contract required by the company at the time of termination; this is done to make the contract enforceable, as contracts are not legal and valid unless some sort of valuable consideration seals the transaction.
The first thing you should do when acquiring a severance package from your provider is to have an uninvolved third party examine the details and documents of the offer. With the guidance of an employment lawyer, you could find out if the package offered by the company is adequate in terms of routine amounts based on your time of service, years of experience, and other mitigating factors. An employment lawyer can also explain your rights and responsibilities under any arrangements you may be asked to sign in exchange for the severance package and may suggest more aggressive compensation based on your personal factors.
You may be able to mediate a severance package even in instances where one is not offered as part of a staff contract or an end of a contract. While it is up to you to seek out compensation, and it may or may not be successful, it is a great strategic move to try and negotiate the terms of your termination proactively. Should you have received special responsibilities during your tenure with the company, you may find yourself in a good negotiating position to make arrangements with your employer.
It is vital to know that no offer of a severance package is absolute. Often, the preliminary amount presented by your managers is provided after a review from the in-house or independent legal team helping in the layoffs. Some less honest companies may try to make the employee believe that the offer is not open for consideration, or that there is no place for change in the finished document, but this is simply not the case. This strategy is meant to intimidate the worker out of negotiations and speed up layoffs or termination.
When you are given a severance package, do not accept what is provided outright; you may not only leave money on the table that you will certainly need while moving to new job opportunities, but you may also discover yourself tied to contract clauses that are not in your best interest should you sign the agreement before having it assessed by a qualified attorney who is not connected with the corporation.
The above is intended as a general guide to better understand potential claims against employers with respect to severance package disputes. Your claims may be time sensitive and we encourage you to complete our free case evaluation request to increase the chance of meeting deadlines for filing your claim. Employment attorneys at Spielberger Law Group are passionate about employment law and are true advocates of employees whose rights have been violated.
Once you’ve completed our free case evaluation form, an employment lawyer licensed to practice employment law in your state will review your statements and you will be contacted by our firm after determining whether you have claims to pursue. Do not miss your opportunity to bring justice to your workplace, contact us today for the chance to receive the best recovery possible.
