Severance And Separation Agreement Attorney in Rochester, NY
The pace of the modern business world can be alienating and disorienting, even for people in high-profile positions. When business moves faster than the speed of life, enlist a Rochester severance and separation agreement lawyer to make sure you receive the compensation and benefits you’re owed.
Choosing to Hire a Severance and Separation Agreement Lawyer
Many executive-level hires, union positions, and other jobs are protected by contracts or internal policies that can entitle severed, terminated, laid off (or even voluntarily resigning) employees to severance pay and other benefits. However, not every employer-employee separation results in severance pay.
The reality is that nearly 500,000 Rochester jobs are in the private sector. We know those private companies are primarily concerned with one thing and one thing only: making and keeping money. Even if you’ve put in decades helping to build a company and find yourself leaving on good terms, the stakes are too high to trust a faceless corporate entity to do right by you on your way out the door.
Another great time to hire a severance and separation agreement lawyer (one that many people fail to consider) is when you, yourself, are first being hired. By working with a reputable attorney to negotiate the groundwork for a great severance package from day one, there will be less left to question when the day comes for you to move on from this new endeavor. Know your value, protect your career. Gattuso & Ciotoli, PLLC, is standing by to assist.
Understanding Severance and Separation Agreements in Rochester, NY
Employment contracts can be extremely complex and challenging to parse without a specific set of legal skills, even for intelligent, well-educated people who excel in other areas. It could be argued that some bad-faith employers even make these contracts needlessly complicated on purpose, in order to deter employees from accessing all of the benefits they are contractually entitled to. A qualified severance attorney can help you understand exactly what you’re owed.
Depending on the exact language of your employment contract, some of the things you may be entitled to (or may be able to negotiate for) include:
- A lump sum severance payment to help you cover your cost of living while you transition to a new job
- Continued structured weekly or monthly paychecks beyond your end date
- A continuation of key benefits (e.g., health care, life insurance, retirement package) for a certain length of time beyond the end of your employment
- Outplacement benefits, such as free re-training programs or referrals to other companies that may be interested in hiring you
- Other company-specific or contract-specific perks and benefits
What you can get really all depends on the specific terms of your employment contract and the circumstances under which you find yourself leaving. The strongest way to determine exactly what your contract does or does not provide upon separation from the company is to go over it line by line with a trusted employment lawyer who understands severance agreement laws and has a track record of success helping employees resolve separation agreement disputes of all types.
Don’t Sign a Severance Agreement Without Legal Review
Across the country, only about 3% of employers say they don’t use written documentation involving separation and severance, showing just how prevalent it is for companies to have these policies in place. Severance and separation agreements are often presented during a time when you’re already dealing with high stress. You may feel pressured to sign quickly. In addition, employers might frame the offer as standard or non-negotiable. Their goal is to look out for the company, not you.
If you sign the agreement without an in-depth review, you might be waiving important rights, such as the ability to pursue a legal claim related to discrimination, retaliation, or wrongful termination. You might also be forfeiting the right to unpaid compensation.
A Rochester severance and separation agreement lawyer can identify unfavorable or overly broad terms, explain your rights, and help you determine if the offer is acceptable.
FAQs
Do You Need a Lawyer to Negotiate a Severance Package?
No, you don’t need a lawyer to negotiate a severance package, at least not in any legally binding sense. However, working with a trusted employment contract attorney who understands severance package negotiations gives you a much better chance of getting a favorable outcome and maximizing the backend value of your employment contract.
What Is the 70 rule for Severance Pay?
The 70 rule for severance pay is a generic guideline or helpful model for calculating severance packages for older, long-time employees. It essentially says that if an employee’s years of service plus their age equal 70 or greater, they should be eligible for enhanced severance benefits. This applies on a company-by-company and contract-by-contract basis.
What Are the Red Flags in a Severance Agreement?
The red flags in a severance agreement can take many forms. One example is a severance agreement that includes a long list of disqualifying situations open to subjective interpretation. If you have no legal background, you may need to work with a trusted lawyer to determine whether an overly verbose contract is shady or just standard legal writing.
How Much for a Lawyer to Review a Severance?
The cost of having a lawyer review your severance agreement, employment contract, or separation dispute at work will vary based on the exact extent of your legal needs, the complexity of your contract, the specific situation you’re facing, and the quality of your attorney, among other factors. Every severance and separation case is unique, so please speak directly with a severance and separation attorney for a better idea of the financial considerations pertinent to your own case.
How Can Gattuso & Ciotoli, PLLC, Help?
If you’re experiencing a separation dispute at work, having trouble understanding your contract, or simply trying to negotiate an appropriate severance package, Gattuso & Ciotoli, PLLC, is the advocate you need on your side.
Anyone in the Rochester area who needs powerful and responsive legal help with a severance and separation case is encouraged to contact our Syracuse-based offices at their earliest convenience. Reach out today to schedule a free, confidential consultation at our Broad Street location so you can learn more about our comprehensive employment law services.