When faced with a possible departure from your job, whether through a voluntary or involuntary dismissal, you should carefully review any severance agreement your employer has provided. A severance package is a contract that specifies the terms surrounding your departure. These include compensation, benefits, and obligations. While the agreements themselves may seem simple at the beginning, the complexity involved in these agreements often calls for the assistance of an employment attorney. Learn more here about the benefits of hiring a lawyer during this time, which can help protect your legal rights, negotiate better contracts, and avoid potential pitfalls.
Why Should We Consult A Lawyer About Employment?
- Negotiating Better Terms
Negotiation may be one of the main reasons you want to hire an attorney for your severance package. The terms of many severance contracts are negotiable. However, employees may be unaware that they can ask for better terms. An employment attorney can help identify possible improvements to the offer.
If, for instance, the severance offer does not correspond to the length or nature of your employment or if it is significantly lower than is usual for the role or industry in which you work, an attorney could advocate for a more significant amount. In addition, if your employer is asking you to sign confidentiality or non-compete agreements, which could limit your ability to secure future employment, an attorney can work to negotiate more favorable conditions.
- Protecting Rights
It is important to understand that employment law can be complex. Upon termination, an employee may be entitled to various rights, such as protection from discrimination, unpaid pay, or wrongful termination. An attorney will ensure that any severance agreement doesn’t waive or diminish these rights.
A company may include a waiver in an agreement to prevent you from pursuing a legal claim, such as one for discrimination. Without an attorney, you may unknowingly waive any rights you might have to file a lawsuit if, later on, you discover you were wrongfully fired. Your attorney will protect these rights and ensure you don’t waive any potential claims.
- A Study Of Future Employment
Understanding the impact of a termination agreement on you and your future career can be critical. Severance agreements usually contain non-compete terms, which limit you from working for a competing company or starting your own business after leaving the employer. These clauses are very restrictive if they’re not carefully reviewed or negotiated.
An employment attorney will be able to determine if a clause prohibiting competition is reasonable. He can also help determine if it pertains to a specific geographical area or business. Suppose the terms of the agreement are too restrictive. In that case, an employment attorney can assist you in negotiating a less restrictive clause or removing it entirely if they are not enforced by local law.
- Preventing Future Legal Issues
Hiring an attorney to review your separation agreement can avoid future legal issues. You may be faced with legal issues if you accept terms you do not understand or sign an agreement with unfavorable clauses. A lawyer can guide you in this process so you don’t make common mistakes. These mistakes could cost you money, your legal protections, or the opportunity to earn more.
If you inadvertently waive your right to sue for wrongful dismissal or claim unemployment, a lawyer can help you navigate the legal complexities.
Conclusion
A severance deal is a vital part of any employment termination. You need an employment attorney to help you understand the terms and make informed decisions. An employment attorney will help protect your rights, understand the terms of any agreement, and negotiate for better conditions. The terms of a severance offer are often negotiable. With the help of a legal professional, you could improve the compensation package, the benefits, and the future employment opportunities that come with it. Don’t sign a severance agreement without fully understanding its implications–consulting with an employment attorney can help safeguard your future and career.