By: Derek Demeri
On: December 29, 2022
How do I Challenge a Severance Package?
Negotiating a severance agreement can be an unpleasant experience. Typically, if you are in the position of needing to challenge a severance package, more likely than not, it’s because your employer has decided to cut ties with you, and such a decision is likely unwanted, stressful, and maybe even unjustified. Furthermore, you may feel as though you have no leverage to raise issues with the severance package presented to you. However, you have more power than you realize.
The first step to challenging any severance package is to review what is offered, and also review what your employment contract (if you have one) states. Many employment contracts dictate what must be included in a severance package, and any missing elements should be addressed with your employer. It is also important to consider the reasons why your employer is letting you go. If you are being let go because of reasons outside of your work ethic, you may have room to negotiate an increase in your benefits.
In some cases, you may feel comfortable enough to raise these issues and negotiate with your former boss or a human resources representative. If you are a member of a union, you may also want to consider going to your union representative to guide you through the process and provide you with resources. However, your best bet is to consult an employment attorney who understands the laws governing severance packages and termination of employment. An employment attorney will have the tools necessary to assist you in negotiating your severance package and will advise you the best way to go about that process.
Can you Negotiate a Better Severance Package?
Many people tend to not ask for more severance simply because it seems greedy, especially when a generous offer has been made. However, it’s extremely rare that an employer will change or revoke a severance offer simply because you ask for more. However, even though you can ask for additional severance, it is helpful when you are able to present logical, reasonable, and convincing reasons as to why additional severance is fair. First and foremost, a reasonable severance package should be able to meet your needs while you look for a new job. If you are giving up other rights that you might have – such as the right to sue your employer or compete with your employer, that agreement should be reflected in the package. The key is to have a distinct understanding of what you want before going into the negotiation and have well-thought out reasons for why you are entitled to that benefit.
What type of Lawyer Reviews Severance Package Agreements?
An employment law attorney is your best option when looking for a lawyer to review your severance agreement. Make sure the attorney specializes in representing employees, rather than employers, and it is always a bonus if their website lists that they offer severance package review services. An employment law attorney will be able to help assist your value and ensure that the severance package adequately represents that value. They will also have a deep understanding of the law and ensure that the terms of the package comports with the law. They will also be able to advocate on your behalf and be your voice if you feel too uncomfortable to engage in the negotiations yourself.
Why Should You Consult with an Employment Attorney to Review your Severance Package?
- You can get everything that you are owed
- Make sure any waiver of rights is fair and legal
- Negotiate other benefits, such as healthcare
- Review non-compete and non-disparagement clauses for fairness and legality
- Handle the negotiation on your behalf so that you do not have to
What are the Potential Benefits of Having a Lawyer Review your Severance Package?
The biggest benefit to having a lawyer review your severance package is that they will be able to maximize the number of benefits included in the package. An employment law attorney will know what factors increase your value as an employee and can draw attention to those factors to increase your final package. They can also make you feel protected from your employer and give you peace of mind that your interests are being looked after.
How much does a Severance Package Review Cost?
The cost of a severance package review will range from firm to firm. It can also depend on the complexity of the case and the reasons behind the termination of employment. With the help of an employment law attorney, you will likely receive far more monetary compensation than this cost in your final severance package.
Zeff Law Firm can Review your Severance Package and Other Employment Contracts
Zeff Law Firm understands that cutting ties with a former employer is a difficult process. You may feel powerless or that you have been treated unfairly. Zeff Law Firm is here to help. We have extensive experience reviewing severance packages to confirm that they are fair, legal, and will ensure you are taken care of until you are able to find a new employment opportunity. If you need help challenging your severance package, contact us today to learn how we can help you.