1. EXPERTISE IN SEVERANCE AGREEMENTS
A severance agreement (sometimes called a “separation agreement” or “separation agreement and general release”) is a contract. Much like wills, real estate sales agreements and prenuptial agreements are specialized contracts, so too are severance agreements. You should expect a severance lawyer in NYC to have expertise and experience in severance agreements.
2. AN EVALUATION OF YOUR CASE/LEVERAGE POINTS
Your employer did not offer you money just because they are nice. You are being offered severance in exchange for many legally binding promises on your part. The biggest promise you must make is to never sue your former employer. Are you getting your money’s worth for giving up your right to sue? You should expect a lawyer who knows employment law well enough to evaluate your positions of strength and help you to leverage these. For example:
- You may have viable claims against your former employer for wrongful termination discrimination on the basis of age, disability, gender, gender identity, national origin, race, religion, sexual orientation, etc. Your former employer may be willing to pay you a greater severance to avoid a wrongful termination claim.
- You may be waiving claims for failure to pay you all of your earned compensation. Most employees are entitled to overtime for hours beyond 40 in a week. These claims can be very valuable. But since most employees do not know their rights, they fail to take advantage – don’t let that be you.
- You may have leverage because your former employer does not want you to compete or reveal unpleasant information.
- You may also have leverage because of who you are and what you did for the company.
3. A QUICK TURNAROUND TIME
Employers often put time pressure on their employees to sign severance agreements. They want their employees to sign quickly and go away. You should expect an attorney to be able review your severance agreement within your timeframe – usually within 24 hours of engagement.
4. HONESTY
While it would be great if every terminated employee had leverage and could get a better severance package, the truth is that sometimes there is no leverage and the offer is fair. You should expect the truth from your severance lawyer – even if the truth hurts.
5. TRANSPARENCY
When you sign an engagement letter with your severance lawyer in NYC, there should be no question as to how much you are going to pay. Your billing arrangement – whether contingency, flat fee or hourly, should be transparent. You should have no surprise bills or add-on charges. Pay what you expect to pay and not a penny more.