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Severance Agreements

If you have been given a severance agreement, my office will help you understand the terms and conditions of the severance agreement, evaluate the severance benefits, determine whether the severance package might be improved, suggest ways to leverage your ability to improve the severance package, and formulate an action plan. If you are contemplating leaving your employer or if you were fired without a severance package, my office will help determine whether or not it is feasible for you to request a severance agreement and formulate an action plan based upon a realistic assessment of  your employment situation and the feasibility of receiving a severance agreement from the employer. 

Most employees in the United States are “at will” employees, which means that they can quit at any time and they can be fired at any time.  In general, employers are not required to provide severance pay.  Thus, an abrupt termination can leave an employee suddenly without income until he or she finds another job. If an employer does provide severance pay, the employer will typically require the employee to sign a severance agreement.   Once signed, an employee generally waives all legal rights to take any further action against the employer. There are three different scenarios in which a severance agreement typically arises:

  • The employee is fired and the employer offers a severance agreement.
  • The employee wants to quit and seeks an employment lawyer to help negotiate a severance agreement.
  • The employee is fired without a severance agreement but the employee subsequently approaches the employer and seeks a severance agreement.