Severance Agreements

Helping Employees Understand Their Rights After Being Terminated

After you get fired from your job, you are probably feeling overwhelmed and angry. Your employer is aware of this, and will do everything they can to prevent you from potentially filing a wrongful termination lawsuit. One way for an employer to protect against this scenario is to have you sign a severance agreement that contractually makes it illegal for you to sue. To the untrained eye, this agreement may seem like a great deal for the employee by providing them with compensation. However, this might not be the best choice for you. Before you sign the agreement, be sure that you have an experienced employment law attorney look it over. At the Arcé Law Group, our attorneys have extensive experience handling severance agreement cases throughout New Jersey, New York and Philadelphia. Our dedicated team thoroughly examines your situation to determine if signing the agreement is in your best interests. Never sign any legal document without guidance from an attorney. Trust our knowledgeable lawyers to give you the advice you need to ensure that your rights are being protected.

Is Your Employer Required to Give You a Severance Package?

Many people believe that employers are legally required to offer employees a severance package upon termination. However, this is not the case. Unless the employee contract you signed upon accepting the job says that you will get a severance package if you are fired, your employer is not required to offer one. Often, they will only offer you one if it somehow benefits them, which is why it is important that you fully understand what you are signing.

What Is Included in a Severance Package?

No two severance agreements are exactly the same. Because a package is not legally required, an employer’s attorneys will often draft the agreement based on your specific circumstances. The goal of your employer is to convince you to waive your right to sue them, so they will provide incentives for you to sign an agreement. Severance packages usually include the following:

• To an employee, this is usually the most important part of the severance agreement. Be sure that the amount of severance pay your employer offers is comparable to the position you held and the amount of time you worked there.
• Insurance benefits. Some employers may continue to pay for health or life insurance benefits for a certain period of time following termination.
• Uncontested unemployment compensation. After you a fired from a job, one of your first steps is often to file for unemployment. Your employer then has the opportunity to contest your claim for unemployment benefits. By agreeing not to contest your claim, your employer is making it easier for your claim to be approved.
• Your former employer may offer to help you get a new job by writing you a reference letter.

Upon reading the agreement, you have to determine if the perks your former employer offers are worth forgoing for your right to file a lawsuit. A seasoned attorney at our firm will closely read this document to ensure that it is in your best interests.

How a Lawyer Can Help

Does your agreement include a noncompete clause? If you sign, will you not be able to sue your former employer for any reason? Does your employer offer you the appropriate amount of compensation? These are only some of the important questions you have to ask upon receiving a severance agreement from your employer. Without the help of an attorney, you may be signing something that is not beneficial for you. Before you sign, turn to our employment law firm. We will closely go over every aspect of the agreement to ensure that you understand what you are signing. Our attorneys have the skill and tenacity to negotiate an agreement that benefits you. Our goal is to ensure that your rights are protected and that you are being treated fairly. If you have been fired and your employer offers a severance agreement in New York, New Jersey or Philadelphia, do not hesitate to turn to the Arcé Law Group for assistance.

Schedule a Free Consultation With an Experienced NY, NJ & PA Employment Law Attorney

At the Arcé Law Group, our attorneys have extensive experience reviewing, negotiating and drafting fair severance agreements. With our help, you can be sure that your rights are being protected. We represent clients in Newark, Jersey City, Princeton, Woodbridge, Edison and throughout New Jersey, as well as in New York City’s five boroughs of Manhattan, Brooklyn, Queens, the Bronx and Staten Island, and in Philadelphia and Washington D.C. Contact us today to schedule a free initial consultation. Contact us online or call us our New York office at 212-248-0120, our Philadelphia office at 215-239-3036, or our New Jersey office at 201-210-5072. We have Spanish and Russian speaking attorneys. Se Habla Español and Мы говорим по-русски.