Separation/Severance Agreements
DO NOT SIGN THAT AGREEMENT!
At least not until you have had an attorney at Levine & Blit carefully and thoroughly review it, explain the hidden legal ramifications to you, and negotiate it for you. Employers pay their attorneys a significant amount of money to carefully draft these agreements which often trigger legal ramifications undetectable by the untrained legal eye.
The biggest mistake employees make is to believe that the agreement that they are receiving is a "standard agreement," and sign it to receive the carrot being dangled in front of them. There is no such thing as a "standard agreement." The only standard thing about separation agreements is that they are one sided and not drafted to the benefit of the employee.
Today, every employer’s separation agreement contains language which states that the employee was provided with adequate time to consult with a lawyer and/or waives their right to a lawyer. That provision is placed in there to solidify the agreement for the employer in case they need to enforce it down the road. At Levine & Blit we understand that separating from an employer is often an emotional and stressful time, especially if the separation is the result of downsizing or termination. You need attorneys with a proven track record of success to stand up for your rights and tilt the scale in your favor. We also understand that your employer placed you in a difficult financial situation and we will not do the same!
Some important things to look for in a separation agreement:
- Did your employer inform you that you have the right to seek an attorney's advice?
- Did your employer provide you with legally sufficient time to review the agreement?
- Did your employer inform you that you can rescind the agreement even after signing it?
- Did your employer bind you to a prior non-compete or prior confidentiality agreement?
- Did your employer offer to pay your legal expenses for a severance review?
- Did your employer put in a "non-disparagement clause"?
Call or email us today to find out what Levine & Blit can do for you!