Many dedicated employees who spent years loyally serving their company may suddenly learn they are being laid off. In other cases, a company will terminate an employee’s employment with a severance offer or severance agreement. Severance agreements can be fair and beneficial for employees, providing them compensation while they find alternate employment. Unfortunately, not all severance agreements are fair. A severance agreement may seem generous at first, but it may end up taking advantage of a loyal employee who hastily signs an agreement that is unfair to them.
Fighting for the Rights of Employees in Severance Agreement Matters
Before you sign a severance agreement in new york, you should discuss the agreement with an experienced attorney. At HKM Employment Attorneys, we will carefully review the agreement and help you identify any red flags that are not beneficial for you and your future career. We may be able to negotiate a fair agreement with your former employer. We can also help you identify any potential legal claims you have against your employer.
If you sign a severance agreement, you will generally have to waive your right to pursue a legal claim against your employer. If you have a valid legal claim against your employer for discrimination, harassment, or wrongful termination, pursuing the claim may be more beneficial than accepting the compensation offered in the severance agreement. Signing the severance agreement may not serve your best interest, so speaking to an attorney before you sign is wise.
Reviewing an Existing Employment Agreement
You may have signed an employment contract specifically addressing the right to severance pay and benefits if you are let go or fired. Suppose you did not sign a written contract when you started working for your employer. In that case, it is possible that your employer made a verbal promise or that an employee handbook indicates certain severance amounts if you are let go. When you work with HKM Employment Attorneys, we will investigate your employment relationship to determine whether you were promised more than your employer currently offers.
Many employers hope that their employees forget about previous agreements or promises they have made. They hope employees will simply take what they are offered when they lose their jobs because they are concerned about their financial futures. Working with HKM Employment Attorneys levels the playing field. We can identify whether a severance offer constitutes a breach of a prior employment agreement. If that is the case, we can stand up for your rights under the previous agreement.
Negotiating Favorable Terms in a Severance Agreement
Without a prior promise of a severance agreement, an experienced attorney may still be able to negotiate with your employer. You do not have to sign a severance agreement right away. You can consult an attorney to contact your employer and negotiate a better contract. Your employer may pressure you to focus on the severance pay available in the contract and sign the agreement without taking time to examine other unfavorable terms.
For example, a non-compete provision in the severance agreement may prohibit you from working in some geographic regions for a specific time period. A non-compete clause could be much more harmful to you in the future than not taking the severance pay in the agreement. Many employees only realize that they have accepted these types of restrictions once it is too late and they have already signed the agreement.
An attorney may be able to negotiate with your employer to remove or minimize any terms that could hurt you in the future, making the agreement as fair as possible for you. The point of a severance package is to benefit you, not to cause you unnecessary difficulties in the future. At HKM Employment Attorneys, we have an in-depth understanding of New York employment and contract laws and can quickly identify harmful provisions that violate your rights. We regularly review and successfully negotiate severance agreements for our clients. If you have received an offer for a severance agreement, please contact us before you agree to anything.
Were You the Victim of Unlawful Discrimination or Harassment in New York?
Are you wondering whether you should sign a severance agreement? One of the most important factors to consider is whether you have any valid legal claims against your employer. Unfortunately, severance agreements are a common way for employees to distract or placate employees after they have been discriminated against or harassed in the workplace.
New York state has some of the country’s most protective anti-discrimination and anti-harassment laws. If your employer has allowed a hostile work environment to occur, has engaged and discrimination against you or let another employee discriminate against you, or you have had any other violations of your employment rights, you can pursue compensation from your employer.
Additionally, suppose your employer fired you in retaliation for filing a claim against them or violating your employment contract. In that case, you may have a valid claim for wrongful termination. The compensation available through a legal claim against your employer can include front pay, back pay, compensation for your lost employment benefits, attorneys fees, and costs. In some cases, punitive damages may also be available. An employer may pressure you to sign a severance agreement waiving your legal right to pursue damages against them so they can save money by avoiding litigation. An attorney can help you determine whether your rights were violated and whether pursuing a legal claim would be more beneficial.
Discuss Your Case with a Severance Agreement Attorney
HKM Employment Attorneys are dedicated to fighting for the rights of employees in New Paltz, New York, and the surrounding area. From unpaid wages to severance agreements in wrongful termination claims, we have extensive experience fighting for employees and their rights. Whether you have been presented with a severance agreement and are not sure about signing the agreement, or you have already signed an agreement and want to know about your rights, we are here to help. Contact HKM Employment Attorneys as soon as possible to schedule a case evaluation and learn more about your legal rights and options.
