Severance Secrets Unveiled: Why Talking to an Attorney First is Essential for Severance Agreements

 

Severance Secrets Unveiled:

Why Talking to an Attorney First is Essential for Severance Agreements

Gain valuable insights into the sworn-by strategy of consulting an attorney right from the start when it comes to severance agreements. Arm yourself with expert advice, make informed decisions, and ensure the best possible outcome with the guidance of a trusted attorney by your side.

When faced with a severance offer, employees are often pressured to sign it immediately. However, it’s crucial to fully understand the implications of signing a severance agreement. Consulting an attorney before making a decision can provide essential insights and protect your rights.

1. Time pressure and stress
Following a layoff, there are numerous decisions to make, and the pressure to act quickly can be overwhelming. Consulting an attorney can help alleviate the burdens by providing guidance, answering questions, and assisting in navigating the severance process. They can evaluate your specific circumstances, present available options, and negotiate on your behalf if needed. So, you can alleviate some of the burdens and have your lawyer handle this for you.

2. Negotiating a better deal
With legal representation, you have a higher chance of negotiating improved terms and a higher compensation amount. An attorney can advocate for your interests and present your legal claims persuasively.

3. Understanding surrendered rights
Severance agreements often require employees to waive their right to sue the employer. By consulting an attorney, you can evaluate the validity and potential of your legal claims and make an informed decision. If you have a legitimate claim that exceeds the severance amount offered, declining the agreement can be the best option.

4. Understanding contract obligations
Severance agreements often include obligations for the employee, such as confidentiality requirements and non-disparagement clauses. An attorney can explain these terms, ensure your understanding, and highlight the consequences of breaching the agreement.

5. Assessing practical and financial consequences
Severance payments have tax implications, and the structure of the agreement can impact your eligibility for unemployment compensation or insurance coverage. An experienced attorney can evaluate the agreement to minimize the tax burden and advise on practical matters related to installment payments or the risk of the employer going out of business.

6. Determining legal enforceability
Certain clauses in employment agreements may be unenforceable by law, even if you agree to them. An attorney can identify any problematic clauses and clarify the legal rights you retain despite signing the agreement. In California, there are specific protections that exist against silencing victims of workplace harassment and discrimination.

Consulting an attorney before signing severance paperwork is essential to protect your rights and make informed decisions. They can provide guidance, negotiate better terms, help you understand your legal rights, assess practical and financial consequences, explain contract obligations, and identify unenforceable clauses. By seeking legal advice, you ensure that you receive fair treatment during the severance process and make choices that align with your best interests. Don’t face this challenge on your own. Call Work Justice today for a free consultation and let our expertise support you every step of the way.

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The information contained on the WJ website is provided for educational and informational purposes only. The contents of this site are not and should not be construed as legal advice.

 
Rossella Gamarra