Severance Agreements in New York
New York Employment Attorneys Can Protect Your Rights
The New York employment lawyers of Schwartz Perry & Heller LLP have experience reviewing severance agreements and go beyond traditional analysis of specific provisions of an agreement and perform a thorough review of all of the facts and circumstances related to your involuntary termination. This comprehensive process helps us see the bigger picture which is often more complicated than mere language written in the agreement. We will ask questions and request your help in providing facts and any materials related to your employment and termination. We can offer our best recommendations only when equipped with knowledge of the facts surrounding your case.
What is a Severance Agreement?
A severance agreement, also known as a separation agreement, is a legally binding contract between an employer and an employee that outlines the terms and conditions under which the employment relationship will end. In New York City, a severance agreement typically specifies the rights and obligations of both parties upon the termination of employment.
What Does a Severance Agreement Do for Me?
The signing of a severance agreement releases or prevents you from suing your employer for any claims against them that you have, so it is essential to first determine whether legitimate claims exist. Upon the signing of a release, you will not be able to assert claims against the company at any point in the future.
We frequently learn during the initial consultation that circumstances surrounding the person's termination could involve discrimination of some sort, such as racial discrimination or unfair treatment based on religious beliefs of the employee being terminated or those of this person’s supervisor.
The lawyers of Schwartz Perry & Heller LLP carefully evaluate the circumstances surrounding a severance agreement through active listening, precise inquiry, and investigative research and review. At this point, meaningful and knowledgeable guidance can be offered, but not before these crucial steps are taken. It is with that knowledge that we proceed to review and analyze your severance agreement.
Our Severance Agreement Services
Our NYC severance agreements attorneys have an in-depth understanding of the laws surrounding severance pay and are dedicated to advocating for your best interests.
We offer a range of services to ensure you receive the compensation you deserve:
Legal Consultation: Seeking advice from our NYC employment attorneys is a crucial step in understanding your rights and obligations under a severance agreement. Our team of attorneys can review the agreement, explain its terms, and provide guidance based on your specific circumstances. We can also advise you on whether the agreement is fair and whether you should negotiate for better terms.
Negotiation Assistance: If you feel that the terms of your severance agreement can be improved, you may choose to negotiate with your employer. We can help you negotiate the terms of your severance package, including monetary compensation, continuation of benefits, non-compete clauses, and more. Our team has experience in employment law and can advocate for your best interests during negotiations.
Severance Agreement Review: Severance agreements can be complex legal documents, and it's essential to have them thoroughly reviewed before signing. Our team offers professional review services, where our attorneys analyze the terms of the agreement, identify potential pitfalls, and provide advice on how to protect your rights. We can help ensure that the agreement is fair, compliant with applicable laws, and in your best interest.
Mediation and Arbitration: In some cases, disputes may arise between an employee and an employer regarding the terms of a severance agreement. Mediation and arbitration services can assist in resolving these disputes outside of court. It provides a neutral third party who can facilitate negotiations and help both parties reach a mutually acceptable resolution.
Schwartz Perry & Heller LLP Can Examine Your Case
The severance agreement's conditions provide for benefits and impose specific obligations that could prove to be significant and should be examined by an attorney who has experience with such agreements. We possess that experience since we have been reviewing and successfully negotiating severance agreements for years. The experienced NYC severance agreement attorneys at Schwartz Perry & Heller LLP protect clients' interests by identifying and making changes to the employment severance agreements when possible. We do our best to work into the agreements as many modifications as possible to further the interests of our clients. We will also highlight provisions in your agreement that must be weighed carefully by you before signing the agreements.
Some agreements will suggest that you seek the advice of a lawyer and we wholeheartedly agree. Do not go at it alone. Frequently, part or all of an agreement is subject to a deadline by which point the agreement must be signed, so do not put off discussions with a lawyer about your severance agreement.
Severance agreements relate in detail the amount of financial compensation you will be given and how and when it will be delivered. The agreement, in addition to including any obligations on your part, will state other information relevant to the separation, including payouts for unused vacation pay, health insurance policy termination and COBRA benefit information, and any other benefits due you. It is standard practice for the Agreement to stipulate confidentiality and non-disparagement clauses, restrictive covenants, non-compete clauses, and other conduct-related restrictions usually applicable upon the termination of an employee. The experienced employment attorneys at Schwartz Perry & Heller LLP will be able to help you dissect and understand the ramifications of such provisions with your best interests in mind.
If your employment relationship is ending and you are concerned about provisions in the severance agreement, we urge you to contact us online or call us now at (646) 490-0221 to schedule an initial consultation with our NYC severance agreement attorneys.
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