Severance
Severance Agreements and Their Significance
When you request us to review a Severance Agreement, we examine the totality
of the circumstances surrounding your involuntary separation from
employment and not just the specific provisions of the Agreement. Labor and
employment issues are complicated and multilayered; we first seek material and
information regarding your employment history and termination before we can
provide meaningful guidance. Our in-depth review of all the facts and
circumstances surrounding your employment and termination allows us to learn
what is behind the mere language in the Agreement.
When you sign a Severance Agreement, you must release any claims you have
against your employer. It is therefore essential to determine whether viable
claims may exist before you sign the Agreement. Once you sign the Release to
receive your severance, you cannot ever assert any claims you may have at a
later date.
During our lengthy consultation process, we sometimes find that the
termination occured under circumstances that seem to involve disparate
treatment--also known as discrimination in the workplace, such as
discrimination based on sex (sexual harassment, pregnancy, marital status
issues, family and medical leave, etc.), or sexual orientation, age, race, color,
ethnicity, religion, national origin, disability or a violation of other controlling
laws that potentially make available to you certain judicial remedies. Your
employer may indicate that you were terminated for a reason that you may
believe is merely an excuse (pretext) to conceal discriminatory practices.
We at Tuckner, Sipser make it our goal to perform thorough and careful
evaluations of all the circumstances surrounding a Severance Agreement and
offer you knowledgeable guidance. If we find that there is a reasonable basis to
believe that the human rights laws have been violated, we will review, consider
and address all the options, with the attention, sensitivity, and urgency that
such matters properly require.
The Severance Agreement contains provisions that provide benefits and impose
obligations that could be very significant and should be reviewed by an
experienced attorney. With our in-depth employment law experience, we are
able to identify the modifications necessary to protect your interests. We will
then attempt to negotiate into the agreements as many modifications as possible
to further your best interests. We will also identify provisions that must be
considered by you before the Severance Agreement may be approved and
executed.
You will most likely observe that the Severance Agreement suggests that you seek
the advice of an attorney, and that is an invitation you should absolutely accept.
Do not go at it alone. You should consult an attorney without delay as there are
often time limitations within which the Severance Agreement can be accepted.
The Severance Agreement will set forth the amount of severance you will receive
and the manner in which it will be paid. In addition to your obligations, the
Severance Agreement will outline provisions relating to vacation pay, COBRA
and other benefits you may be entitled to receive. It is customary for the
Severance Agreement to include confidentiality and non-disparagement
provisions, as well as other restrictions upon your conduct following the
separation, such as restrictive covenants and non-compete clauses. We will be
able to help you dissect and understand the ramifications of such provisions,
with your best interests in mind.
