As an employee, you should know your legal rights to a severance package and its room for negotiations. Upon termination, you should consider several factors before signing any documents. Look out for the pay amount, outplacement services, and others.
Majority of employers offer their workers a severance agreement which borders around the financial terms that employees leave with. They are nonetheless open to negotiate certain terms depending on their past performance and other records during their service with the company. Factors such as the cash payment as well as other benefits can be discussed whether individually or with the aid of legal assistance.
In the event of a job dismissal, an attorney can assist the employee to negotiate for severance leverage. This would help to persuade the employer on how the severance package is deemed to be more valuable than what it is believed to be. The attorney will also go through the history of the employee’s work to determine if there is any foundation to make any legal claims under the applicable employment regulations. This is simply to help the employee negotiate for more severance.
In usual cases, employers are not bound by any legal terms to provide their employees with any severance. Nevertheless, there could be an exception in which they had initially prepared a contract agreement upon the hiring of a particular employee which might have included severance benefits. There are also cases of employers who still provide employees with severance even though they are not required to do so by law.
Very unlikely. In fact, quitting will most likely prevent you from receiving an offer of severance. You might also be precluded from further legal claims or leverage.
It is always advisable to review what has been offered to you. If the need arises, consult a legal consultant for a professional and thorough input.
A typical severance offer would usually have a specific timeline for both resignations and dismissals. Always ask for some time for you to review every single part of the terms before signing.
The court may enforce these restrictions depending on a case-by-case basis.
In representing both small businesses and employees, our philosophy is to provide employers with the necessary information and training to ensure a safe and productive workplace. In regard to employees whether dealing with discrimination, sexual harassment, hostile workplace, medical leave or other workplace issues we can provide guidance and peace of mind.
Carcich O’Shea, LLC is dedicated to bringing justice to your
situation. We listen to your situation and provide the best possible way to get a settlement from your
claims. You’re hiring top-notch attorneys by working with us! Mr. Carcich was recently selected for
Super Lawyers, whereas Ms. O’Shea has been named in (201) Magazine’s “Bergen’s Best Attorneys”. We will
manage your case from beginning to end.
If you have more questions about our legal expertise in employment litigation, feel free to contact
us today. Alternatively, you may call us at 201-988-1308 or send an email to
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Sheila represented me in two relatively complicated employment litigation matters, both of which resulted in favorable outcomes for me. Sheila impressed me as knowledgeable, accessible, diligent, and exceedingly professional. Her excellent “bedside manner” helped to minimize stress that I know is somewhat inevitable in litigation. I highly recommend Sheila to prospective clients wholeheartedly and without reservation.
I retained the services of Sheila O’Shea-Criscione to represent me against harassment and discrimination in my place of work. She came highly recommended and did not disappoint. Sheila directed me to the right course of action, clearly explaining each step and expected outcome. She was consistently available via phone, email, or text for emotional and professional support. Sheila is an excellent attorney and a warm, kind person. In the midst of a difficult situation, she paved the way to a successful outcome. I am a stronger and more confident person thanks to Sheila!
Sincerely,
Marie Coschigano
After numerous harassment and bullying encounter with my superiors, I was desperate for guidance and help as to what my legal rights were to try and put a stop to this behavior.
I turned to a number of attorneys. After talking on the phone, all declined to take my case. Sheila was the only one who took my call and then invited me to her office to explain my situation, from that first meeting until she resolved the case, she guided and supported me. She was never tired of my phone calls and text messages. There were times when I was on the verge of resigning, but she encouraged me and told me to hang in there and be patient. She was convinced of a positive outcome if we stuck with her “game plan” even when I became skeptical and began to doubt the direction we were going.
If you should ever need legal assistance, I highly recommend Sheila – a great lawyer and a wonderful person.