Severance Negotiations in San Jose, CA
The Advocacy Center for Employment Law’s Severance Attorneys
The Advocacy Center for Employment Law and its senior attorney, Steven P. Cohn, are experts in labor and employment law. We have over 35 years of experience managing exit strategies for our clients. Our severance evaluations and negotiations are designed to help our clients leave their employer with appropriate severance pay, benefits, and to minimize damage to their reputations while enhancing reemployment options agreement and avoid legal violations. Losing your job is a stressful experience, and most individuals are highly benefitted by having a professional team of experts who know options and are well-positioned to advocate on their behalf, we understand the challenges and have a long track record of success in protecting your rights. We understand those challenges and know how to work on your behalf to protect your rights. Don’t allow your current employer to take advantage of you after they let you go. Contact us today.
What Do Employers Include in Severances?
What comes with a severance package depends on the company in question. While the standard for salary compensation is one to two weeks of pay for every year worked, some companies might offer more. In some cases, employers don’t offer severance pay at all. Beyond continuing salary, severance packages might include:
Insurance Benefits: Under the Consolidated Omnibus Budget Reconciliation Act of 1995 (COBRA), employers are required to extend health benefits for up to 18 months following termination.
Job Search Assistance: Some employers subcontract a job search assistance firm to help former employees find their footing. They might have the firm come to the office – if the company gives its employees notice – or provide contact information for the job search assistance company.
Vacation Time Payout: Many employers pay out unused vacation time to employees are being let go. A severance attorney can ensure employers honor the agreements they made when they hired you. If you are entitled to this payout, we can make sure you receive it.
COBRA Benefits: If your company isn’t allowing you to remain on their company-provided insurance, they must provide information on COBRA benefits. Our attorneys can help you understand this process and receive the benefits you are entitled to following your departure.
Non-Compete Clause and Confidentiality Agreement: In some cases, employers mandate any recipient of a severance agreement sign a non-compete clause or a confidentiality agreement (and sometimes both). These agreements can be potentially burdensome if you need to find a job in your field. We can help make sure a subpar severance package doesn’t negatively impact your prospects.
Unemployment Information: Many severance packages include information on employment benefits. California and federal law require employers to pay into unemployment and provide it to a laid-off employee. We can make sure they hold up their end of the bargain.
What Kind of Disputes Happen Over Severance?
Your employer doesn’t require you to accept their initial severance package agreement, and we do not recommend you do so. Severance agreements usually include a waiver of several important rights. For instance, signing the agreement could consist of waiving all claims you might have against the company. It removes the opportunity to negotiate more acceptable terms, sue for wrongful termination, resign, obtain a recommendation or bar an adverse reference, or other strategic advantages. Do not sign an agreement without determining whether your company is violating your rights or you are leaving opportunities on the table. You need to understand what choices you have as you navigate the unemployment process. Not signing the agreement and retaining the services of our severance attorneys means you can resolve common disputes over:
Pay: Employers aren’t required to provide severance pay, but we often can negotiate how they pay a potential severance. We can negotiate payments in upfront or spread out in installments, and more.
PTO Benefits: If your employer promised to pay PTO benefits out in your hiring papers, they are not permitted to withhold compensations. Our lawyers ensure they do not.
Stock Options: If your severance package includes stock options, you do have leeway in determining how your employer compensates you. The Advocacy Center for Employment Law can help resolve issues involving stock options.
Liability Statements: Liability statements are almost always one-sided and require you remain liable for any misconduct In the workplace. We can address and negotiate liability protection where appropriate for you as well.
Non-Compete Clauses: Non-compete clauses can be grossly unfair to our clients because they prevent them from seeking a living in their field. We can help you enforce your rights directly in the severance agreement itself before this becomes a problem.
Contact Us Before You Negotiate On Your Own
Severance packages are legal documents drafted by seasoned legal professionals. It isn’t wise to negotiate your own severance package. Even if things appear straightforward, it is worth hiring the severance attorneys at The Advocacy Center for Employment Law to look over the documents and highlight potential problem areas. Even if your employer is behaving responsibly and fairly, they are primarily looking out for themselves. Hiring an attorney ensures your interests are a more significant part of the equation. Our experts secure favorable severance terms designed to compensate you and better your opportunities for prompt reemployment. We offer a free telephone consultation. Contact us before you sign away your rights.