I Received a Severance Agreement – Now What?
So you just received a severance agreement. What should you do next?
So you just received a severance agreement. What should you do next?
Here are some frequently asked questions about severance, and the answers to those questions. Q1. Will I be blackballed if I ask for/negotiate my severance? A. While it is possible, being blackballed simply for seeking to improve your situation is not plausible. In all of my years of practice, I
EXPLAIN MY SEVERANCE: WHAT IS IT? The Release is your promise not to sue the company. The release is part of the consideration that you give the company in exchange for severance. EXPLAIN MY SEVERANCE: NOT TO SUE FOR WHAT? You promise not to sue for pretty much anything that
EXPLAIN MY SEVERANCE: WHAT IS IT? The Neutral Reference is a promise by your employer that, if someone calls in for a reference, the employer will only provide certain information. Typically, this information is limited to the term of your employment and positions held. Sometimes, albeit rarely, a neutral reference
EXPLAIN MY SEVERANCE: WHAT IS IT? The Non-disparagement clause is your promise not to say bad things about the company. Non-disparagement is part of the consideration that you give the company in exchange for severance. EXPLAIN MY SEVERANCE: WHAT CAN AND CAN’T I DO? While every agreement is different, generally,
EXPLAIN MY SEVERANCE: WHAT IS IT? The Non-admission clause is a statement by your former employer that, even though they are paying you a severance, they are not admitting to anything. In addition to non-admission, the company usually also expressly denies having done anything wrong. EXPLAIN MY SEVERANCE: WHAT DOES
EXPLAIN MY SEVERANCE: WHAT IS IT? The No-reemployment clause prevents a departing employee from coming back to the company. This is part of the consideration that goes to the company. In exchange for severance (money, benefits, reference, etc.), the company gets, among other things, a promise from the employee to
EXPLAIN MY SEVERANCE: WHAT IS IT? The No Consideration Absent Execution Clause makes clear that the money (or other consideration) the employee gets pursuant to a severance agreement is separate and apart from anything else the employee is otherwise entitled to. For any contract (and severance agreements are contracts) to
Here’s the scenario. Company lays off employee. Company offers employee $25K severance. Employee believes he/she should get more than $25K, hires lawyers to negotiate, but is afraid that Company will respond by taking the original $25K off the table. Will the Company pull the offer? It is possible, but not
Short Answer: Probably Not. Keep in mind, an employment lawyer is writing this – I’m biased! If you are offered a severance and want something more, it is time to negotiate. Many people hire employment attorneys to negotiate on their behalf. Others try to do it on their own. :