Do you realize that your severance package signifies not only the lump sum and financial incentive but also what comes next? Most severance agreements in the technology, healthcare, and financial industries come with strings attached in the form of restrictions that could prevent you from working for a competitor (non-compete clause) or sharing specific information gained at your job (strict confidentiality clause).
It is wise to bring in a Pasadena severance negotiation lawyer to go over the agreement with you before you sign it. They can work to soften these terms or even remove them altogether. If those terms are non-negotiable, your attorney might also be able to get you higher compensation for agreeing to them.
A robust and committed lawyer brings negotiating power to the table. Since they have handled similar situations before, they can anticipate your soon-to-be former employer’s moves and counter them strategically. This puts you in the position to enjoy several advantages as discussed below.
En Ley de Hershey, we are dedicated to protecting your future. Our experienced Pasadena severance negotiation lawyers will review your agreement, negotiate better terms, and ensure you receive fair compensation. Don’t sign away your rights—póngase en contacto con Hershey Law hoy for the support you need to secure your best possible outcome.
👉Lea también: A Guide on How to Ask for a Severance Package
A skilled labor lawyer will find special aspects of your job or your role at the company that make you particularly valuable – and use them to argue why you should get a better severance deal.
Say you were leading an important project that is midway to completion, and your expertise is hard to replace quickly. Your lawyer might point out that keeping you happy with a good payout could encourage you to ensure a smooth handover or, if necessary, consult briefly after your departure. As this will minimize disruption to the project, your employer may be persuaded to your demands. Although, this mostly works if you have rare skills that are hard to find in your industry.
If there are any legal risks in how you were let go – e.g., you may have a claim of unfair dismissal or discrimination – your attorney can leverage the circumstances to convince the company that a fair agreement is the only way to avoid a stretched-out legal battle and risk damaging their reputation.
Nearly 61% of workers aged 45 and older have either seen or experienced age discrimination in the workplace. This is supported by another sad finding: older employees are more likely to be pushed into early retirement during layoffs than their younger counterparts. If you fall in this age bracket, consulting with an attorney will make you less vulnerable to unfair treatment when discussing your severance payments with your employer. A legal team will ensure your offer is fair, in compliance with state or federal law, and free of discrimination based on age.
Also, some organizations offer early retirement packages that are intertwined with severance packages. These can have stipulations related to age, years of service, and benefits. If your pension calculates benefits based on your earnings in your final years of employment (including severance pay), a lawyer can get it all structured in a way that maximizes your retirement savings. They can work out whether you receive severance pay immediately including contributions to your 401(k) or a similar plan to add on top.
When you are applying for your next job, it’s certainly not going to help if your ex-employer implies (during the reference call) that you departed on less-than-stellar terms. One of the most common clauses employment lawyers request on their clients’ behalf is the “non-disparagement” one. This means, that regardless of the circumstances in which you were let go, the company cannot make negative comments about you, either publicly or in private conversations with potential future employers.
If you were fired, your lawyer may even be able to negotiate that your departure is characterized as “mutual agreement to part ways” in your severance agreement (rather than a “termination”). If you and your supervisor, or anyone else in a position of authority over you, are at odds, it wouldn’t stop a good attorney from getting a commitment from them to only provide positive or neutral references to your prospective employers. For higher-level positions, your lawyer can help dictate how your departure will be announced to the industry or public so your professional image does not suffer.
Unemployment benefits require that you were not terminated “for cause”. “For cause” means that the company has a specific reason to fire you; it’s automatically implied that the reason was you violated a company policy, you failed to meet the performance criteria despite warnings, you engaged in misconduct (theft, violence, severe insubordination, or fraudulent behavior), or some other bad situation. During your severance talks, your employment law team can try to get the termination classified as “not for cause” or a layoff.
If there is anything at all that could impact your eligibility for unemployment assistance – like, if your severance payout is structured as continued payroll – they know how to handle that. In case your application is denied, or you want to appeal, your employment lawyer will represent you at the court hearings as well.
👉Lea también: Comprensión de los acuerdos de indemnización: conocimientos de Hershey Law
Did you know that the best time to negotiate severance pay isn’t necessarily during your exit? You should consider doing it before you sign your employment contracts, during your employment, or once you start to see signs that your position might be at risk. It positions you to negotiate from a place of strength when your leverage is greatest.
Whether or not you’re parting ways with your current employer, let our Pasadena employment attorney review your termination package. We can see if there are any red flags and confer directly with your organization over the terms you want to add/remove. If you have any questions about how long it takes to get a severance package or what it includes, call us at 310-929-2190 or send us a message here.
Hershey Law es una firma de abogados laborales que presta servicios en Los Ángeles, el condado de Orange y las áreas circundantes. Hemos podido ayudar con éxito a cientos de clientes y esperamos poder trabajar con usted.