What To Know When Negotiating a Severance

Law Offices of Louis D. Stober, Jr., L.L.C.

350 Old Country Road, Suite 205, Garden City, NY 11530

877-791-8076 / StoberLaw.com 

Before negotiating a severance package, it’s important to talk to an attorney who specializes in employment law.  This can help you better understand the terms of your settlement and provide you with the best possible outcome.  Here are a few tips to keep in mind before you sign a severance agreement.

Severance Package Tips:

• At Will Employment – Most companies follow “at will” employment.  This means that you can be let go at any time without reason.  It is important to understand your contract and any agreements you have made with the company.
• Financial Outcomes – As an informal guideline, most employees receive two weeks of pay for every year they have worked at the company.  However, this varies depending on the circumstances of your termination and your documented work performance.
• Review Your Work History – The overall picture of how well you performed your job can help determine whether or not you have a discrimination case.  If so, you may have grounds for a settlement.
• Company Flexibility – You may be able to time your severance payment in order to maximize what you get in state unemployment benefits.
• References – What you agree to in your separation agreement can affect what is put in writing when future employers check into your work history. 

Learn more about how to negotiate your severance here.  You can also contact the Law Offices of Louis D. Stober Jr.  Our experience, combined with our successful track record makes us Long Island’s premier law firm. Contact our office for a consultation by calling 877-791-8076.  You can also like us on Facebook and follow us on Twitter for the latest news stories and legal tips.

Determining Wrongful Employment Termination

Law Offices of Louis D. Stober, Jr., L.L.C.

350 Old Country Road, Suite 205, Garden City, NY 11530

877-791-8076 / StoberLaw.com 

At-will employment means that an employee can be fired with or without cause.  Fortunately, there are several exceptions to this rule that may help you keep your job or sue your former employer.  So how do you determine if your termination was legal or illegal?

Wrongful Termination:

• Implied Contract – Any agreement based on things your employer said and did is an exception to the at-will employment rule.  Although difficult to prove, implied employment contracts look at the duration of your employment, regularity of job promotions, positive performance reviews, assurances, and promises made when hired.
• Good Faith and Fair Dealing – There are several acts that can be considered unfair.  However, not all courts recognize this exception.  You may be able to argue this dealing if you were misled about chances for promotions or you were given undesirable assignments to coerce you into quitting.
• Public Policy – You can claim a violation of public policy if you are fired for taking time off to serve on a jury, to vote, or to serve in the military of National Guard.
• Discrimination – It is illegal to fire even at-will employees based on their race, color, national origin, gender, religion, age, disability or genetic information.  There are strict time limits and rules regarding discrimination claims.
• Whistle-Blowing Violations – There are laws that protect employees who report illegal activities. 

The Law Offices of Louis D. Stober Jr. are experienced in employment law, including discrimination, whistle blower, compensation and severance packages, and non-compete agreement violations. Our experience, combined with our successful track record makes us Long Island’s premier law firm. Contact our office for a consultation by calling 877-791-8076.  You can also like us on Facebook and follow us on Twitter for the latest news stories and legal tips.