During these challenging economic times, employees in every industry have been laid off and terminated. You may work for a retail location or in a high-rise building as a New York professional. No matter what type of work you do, it is crucial that you understand your rights if you are being terminated from your employment. Understanding your rights can help you protect yourself so your former employer does not take advantage of you.
Has your employer asked you to sign a separation agreement? If so, it is crucial that you understand all of the details of the agreement you are signing. Some employers offer employees fair terms during an employment termination. However, many employers overstep and infringe on their employee’s rights.
Attorneys Providing New York Employees the Legal Protection They Need
HKM Employment Attorneys protect residents in New Paltz, New York, and throughout the surrounding area in a wide range of employment law matters. If you have been offered a separation agreement, we can review the agreement and advise you of any red flags and potential problems with the agreement. We may be able to successfully negotiate the agreement with your employer by contacting your employer and negotiating on your behalf.
If that is not an option, we can walk you through the steps so you can do the negotiating yourself. If you have already signed a separation agreement and have questions about your responsibilities and rights, we can help you understand its terms. Before you sign a separation agreement, contact HKM Employment Attorneys.
Understanding Separation Agreements
A separation agreement is a legal contract that your employer gives you when you are being let go or fired from your employment. Many separation agreements provide an employee with a set amount of money, but not all of them. In exchange for providing employee money, the employer protects their business by requiring the employee to agree not to sue them for unlawful termination or other employment-related legal claims.
Sometimes separation agreements are called severance agreements. Severance pay is usually included in separation agreements and can be negotiated when the worker is hired or terminated from the position. Some severance agreements include a benefits package. For example, the agreement may allow the employee to continue receiving health insurance coverage and other employee benefits for a specific time period after they are laid off.
Should I Sign a Separation Agreement in New York?
If you are being laid off and your employer asks you to sign a separation agreement, you may wonder if you should do so. The compensation available through a separation agreement can help you as you look for alternative employment. It can be tempting to sign the agreement right away for that reason. However, discussing the agreement with an attorney can be beneficial. There are situations when an employer fires a worker for an unlawful reason.
Under New York law, employers cannot fire employees for filing a claim for discrimination, harassment, or any other violation of their rights as an employee. Do you suspect you are being fired to retaliate against you because you have experienced discrimination, harassment, or a hostile work environment? In that case, you should wait to sign the agreement until you talk to an attorney. If you sign the agreement, you will waive your right to bring a legal claim against your employer.
Signing a Separation Agreement May Not Be in Your Best Interest
Depending on the situation, it could be much more advantageous for you to pursue a legal claim for compensation instead of taking the compensation in the severance agreement. Additionally, severance agreements can be complex and challenging to understand. Remember that you are not legally required to sign this agreement and have the right to talk to an attorney before you do so.
Negotiating a Separation Agreement
Many employees assume that they are required to sign a separation agreement when it is presented to them by their employer or soon-to-be former employer. Your employer may try to pressure you into signing, saying that if you do not sign right away, you will not be able to receive the compensation provided in the separation agreement. On the contrary, you may be able to negotiate a separation agreement.
A separation agreement is a legal contract in which an employee offers a payment or other benefits in exchange for the employee releasing the employer from any potential claims against it. Unless the termination of the employee is governed by a collective bargaining agreement or another employment contract, the terms and conditions of the separation agreement are negotiable.
Red Flags in Severance Agreements
An attorney can help you look for any potential red flags in the separation agreement. For example, a separation agreement should include a promise from the employer to provide financial and non-financial benefits to the employee. In exchange for the use of employment benefits, the severance agreement will state terms that ask the former employee to waive legal rights they may have to sue.
Employers are not required to offer a severance payment. Similarly, employers are not required to sign a severance agreement. However, suppose your employer has offered you compensation. In that case, they may provide you with an amount that is far too low, especially if you have a potential legal claim against your employer. If you have been presented with a severance agreement, discussing it with an attorney is wise. Your attorney may be able to spot red flags, such as the amount of compensation is far too low or the agreement containing restrictive provisions that could hurt your career in the long run.
Discuss Your Case with a Skilled New York Employment Attorney
At HKM Employment Attorneys, we have an in-depth understanding of New York and federal employment law. We are dedicated to protecting the rights of employees in New Paltz, New York, and the surrounding area. We are passionate about protecting employees in various legal matters, including separation agreements. If you have been asked to sign a separation agreement or you have questions about an agreement you have already signed, we are here to help. Contact HKM Employment Attorneys as soon as possible to schedule a case evaluation and learn more about how we can fight for you.