Many major employers provide severance packages when terminating employees. These are meant to help employees financially when they are terminated due to factors out of their control. This includes layoff, restructures, and downsizing.
However, not all severance agreements are built equal. Employees may not always receive the best possible deal, especially if they don’t fully understand their rights and entitlements. This makes engaging the services of an employment law expert, such as Carey & Associates, P.C. in Connecticut, absolutely essential! Here’s how they help…
Reviewing the Severance Agreement
The first step in securing a fair severance package is thoroughly reviewing the severance agreement. Most employees are unfamiliar with the legal language and terms used in these agreements, which can lead to misunderstandings or acceptance of unfavorable conditions. A severance law expert can carefully analyze the agreement, ensuring it complies with state and federal laws. They can identify clauses that may be detrimental to the employee, such as non-compete agreements or confidentiality provisions that limit future employment opportunities. A severance law expert will also assess whether the offered compensation aligns with industry standards and the employee’s tenure, role, and contributions to the company.
Assessing the Employee’s Legal Position
Understanding one’s legal position is essential in severance negotiations. A severance law expert can evaluate the circumstances surrounding the termination to determine if any legal violations have occurred, such as discrimination, wrongful termination, or retaliation. If any legal issues are identified, the lawyer can leverage this information to negotiate a more favorable severance package. Moreover, a severance law expert can advise employees on their rights under Connecticut’s employment laws and federal statutes, such as the Fair Labor Standards Act (FLSA) and the Worker Adjustment and Retraining Notification (WARN) Act.
Identifying an Appropriate Negotiation Strategy
Developing an effective negotiation strategy is crucial for achieving a favorable outcome in severance negotiations. An experienced severance law expert can tailor a negotiation strategy to the employee’s specific situation, considering factors such as the employee’s role within the company, the reason for termination, and any potential legal claims. The lawyer can also help employees prioritize their objectives, whether maximizing financial compensation, extending health benefits, or removing restrictive covenants. With a clear strategy, employees can approach negotiations with a focused mindset.
Directly Negotiating with the Employer
Direct negotiation with the employer is often the most challenging aspect of severance negotiations. Employees may feel intimidated or ill-equipped to advocate for themselves effectively. A severance law expert can take on this responsibility, communicating directly with the employer or their legal representatives to negotiate better terms. Lawyers bring experience and negotiation skills to the table, enabling them to present compelling arguments and counter any pushback from the employer.
Escalating Accordingly, as Necessary
In some cases, negotiations may reach an impasse, or the employer may refuse to offer a fair severance package. When this happens, a severance law expert can escalate the situation appropriately. This may involve filing a formal complaint with relevant authorities or pursuing legal action against the employer for any violations. Having a legal expert to guide this process ensures that employees take the appropriate steps and do not inadvertently waive any rights.
Most employees will budge in the presence of a legal expert. After all, pursuing any legal process especially when the company is already being forced to let-go of employees is not really financially healthy! As such, your legal representative will focus their energy on getting you a fair deal. This ensures that, no matter what the employer believes or says, your lawyer will continue to negotiate and escalate until the desired results are obtained!
