	Article Directory		Article Submission Service		Article Marketing Blog		Publishers		Member Log In

Article Directory :: Business - General Articles

The Steps To Hiring A Lawyer To Review A Severance Agreement

Republish: EasyPublish™
Published: 10Mar2012
Word count: 1506
Viewed: 21 time(s)

Get Free Content For Your Site

If you are faced with a job loss , you may be concerned about your ability to meet your financial needs, and the help provided by your severance package. In many cases, these packages are a single monetary settlement provided by the company, and may be a standard payout for each terminated employee, or an individual number based on a formula devised for the purpose of a large-scale layoff. What many people don't know is that your initial offer of severance from a company may be open to negotiation. This negotiation is best conducted with the assistance of a qualified employment attorney. You will want to familiarize yourself with the basic facts in order to better understand the process.

There is no law requiring employers to offer a severance package to employees; however, many companies do offer packages to employees who are terminated as a result of downsizing, lay-offs, or under certain individual circumstances. These offers are often offered as consideration in an indemnity agreement upon separation from the company. Because a contract must have legal consideration in order to be considered enforceable, the company may have an employee sign an agreement not to sue or defame the company as a result of the terminating action.

If you are offered a severance package for any reason, it may be in your interest to have the agreement and any other information reviewed by independent counsel. With the help of a lawyer, you can determine if the package offered by the company is sufficient in terms of customary amounts based on your years of service, years of experience, and other mitigating factors. In many cases, an employment attorney will be able to advise you on your rights and responsibilities under the agreement, and in some cases negotiate for a more generous compensation package in return for indemnity.

You may be able to negotiate a severance package even in cases where there is no package offered as part of an employee agreement or a termination. It is your responsibility to investigate the possibility of a severance package when one is not offered, and it is wise to conduct this negotiation with the help of counsel that has a fiduciary responsibility to you. Depending on the specific circumstances of your case, a lawyer may be able to make a settlement arrangement with the company on your behalf.

It is important to know that no offer of severance is final. Often, the initial amount presented by your management is provided after review from the in-house or independent legal team assisting in the terminations. There are times when the company representative will try to infer that the offer is only on the table for a short period of time, or that the amount offered represents the final sum available to the employee as payment for the termination of employment, but this is almost never the case. This tactic is meant to intimidate the employee out of negotiations, and expedite the process of layoffs or termination.

When you receive a severance package, do not accept what is offered outright; you may not only leave money on the table that you will need while transitioning to new employment, you may also find yourself bound to contract clauses that are not in your best interest should you sign the agreement before having it reviewed by a competent lawyer who is not associated with the company.

Alfred Roush is an employment attorney in Tampa who helps clients with issues concerning employment law. If you are in search of answers to questions concerning employee employer contract disputes, wrongful termination, severance packages, or any related issue, and need help with employment law in Tampa, visit his website http://RoushLawGroup.com.

EasyPublish™ this article - publishers click here