An employer may offer a severance agreement for a number of reasons. But it’s important to remember, there’s almost always something the employer wants in exchange. Typically, it involves an employee agreement not to sue the company for any employment related claims. It also often involves an agreement to certain restrictive covenants regarding future employment. Depending on the circumstances, an employee may want to leverage these requests to negotiate a more favorable severance. Oftentimes, a severance negotiation lawyer can help the employee negotiate a more favorable severance agreement.
An Employee Should Review A Severance Offer Carefully
An employee should take the time to carefully review a severance offer with a severance negotiation lawyer. In addition, an employee should gather relevant documents like any original employment letters, employee handbooks, and e-mails related to any ongoing disputes between the employee and the company. A review of relevant documents will help determine exactly what benefits have been offered, what has been left out, and whether an employee should pursue negotiations.
What is Negotiable?
Almost all severance offers are negotiable. And although a company may withdraw (or threaten to withdraw) a severance offer if the employee rejects (or attempts to negotiate) the terms, companies rarely do. Remember, the company wants something out of it too. The most common terms to negotiate include compensation and benefits. Moreover, these cover cash, bonuses, stock options, and unused benefits like vacation time, among other things. Additionally, an employee may want to negotiate insurance coverage, a letter of recommendation, terms of exercising stock options, and terms of or a release of some type from a non-compete provision.
How a Severance Lawyer Can Help
Most employees who are considering negotiating a severance offer should contact an experienced severance negotiation lawyer. A severance lawyer can review any documentation, evaluate potential claims against the company, and assist with negotiations. Similarly, the employee should think about what they want out of severance negotiations and communicate those goals to their severance attorney. The severance attorney can then formulate the best strategy to accomplish the employee’s goals and to negotiate the most favorable severance agreement.
Rogge Dunn Group employment lawyers have the experience needed to successfully resolve employment matters. If you have questions about a severance agreement or other employment disputes contact us here.