Navigating the complexities of leaving a job can be as challenging as the initial job search itself. When an employer decides to lay off an employee, they often present a severance package. However, each company’s approach to severance can vary significantly, influenced by factors such as the reason for termination and company policy. Many workers mistakenly assume they have no bargaining power and accept the first offer presented to them. This is a crucial mistake.
At The Law Offices of Usmaan Sleemi, our experienced employment lawyers can meticulously review your severance package and negotiate for increased compensation or additional benefits. Contact us today to ensure you receive the best possible outcome.
Will You Receive Severance?
Severance packages are typically discussed when an employer terminates an employee. The specifics of the severance package might be outlined in an employment contract or employee handbook, but sometimes the employer simply offers what they believe the employee deserves. There is no standard severance package, but they often include:
- Payment through the date of termination
- Payment for accrued time off
- Reimbursement of expenses
- Additional lump sum payment
- Extended benefits
- Assistance in finding a new job
In return, an employer might request certain concessions, depending on the circumstances of your termination. For instance, they may ask you to sign a nondisclosure agreement, which would prevent you from discussing your job experiences or trade secrets. This is especially common if the employee has experienced harassment or witnessed unethical practices, as employers are keen to avoid potential legal claims or negative publicity.
Is It Possible to Negotiate a Better Severance?
Absolutely. The key is understanding the specific circumstances surrounding your termination. For instance:
- Leverage Concerns: An employer concerned about an ex-employee discussing on-the-job harassment might be willing to offer more severance in exchange for a legal non-disparagement agreement. Similarly, if the employer is worried about the employee joining a competitor, this could also be used as leverage.
- Prior Agreements: Reviewing any existing employment contracts is essential. These contracts may have pre-determined certain severance terms, but negotiation is still possible, especially if new factors have emerged.
How a Lawyer Can Help
An employment lawyer can provide invaluable assistance during severance negotiations. At The Law Offices of Usmaan Sleemi, we offer comprehensive support, including:
- Reviewing Prior Agreements: We examine any non-compete or other agreements included in your employment contract.
- Industry Comparison: We compare the severance package offered to the industry standard to ensure fairness.
- Analyzing Legal Claims: We assess the strength of any potential discrimination or harassment claims against your employer.
- Evaluating Waivers: We scrutinize requested waivers of rights to determine their legality.
- Negotiating on Your Behalf: We engage directly with your employer to secure more favorable severance terms.
We strongly advise against accepting the initial severance offer without careful consideration. Inform your employer that you need time to review the offer and then contact our firm to schedule a meeting.
Contact a New Jersey Severance Attorney
The Law Offices of Usmaan Sleemi is dedicated to reviewing and negotiating severance packages to ensure our clients receive fair treatment. With extensive experience across various industries, we are committed to protecting and vindicating our clients’ rights. Call us now to schedule a consultation and discuss how we can assist you with your severance negotiations.