Castronovo & McKinney, LLC offers expert legal assistance to employees in Berkeley Heights, NJ, dealing with the complexities of severance agreements following job termination, layoffs, or resignations. These agreements, though seemingly simple, often require employees to waive significant legal rights, including the right to pursue legal action. Before signing any severance agreement, it’s critical to consult with an experienced employment attorney to protect your rights and ensure the agreement is fair.
What Is a Severance Agreement?
A severance agreement is a legal document that outlines the terms and conditions of an employee’s termination. These agreements are typically designed to favor the employer and may include:
- Non-Disclosure Clause: Prevents the employee from revealing details about the termination or disclosing confidential company information.
- Non-Compete Clause: Restricts the employee from working for a competitor or starting a similar business within a certain timeframe.
- Non-Disparagement Clause: Prohibits the employee from making negative statements about the employer.
Perhaps the most concerning aspect is the waiver of the right to sue the employer, which is often tied to the severance package. Given the potential long-term implications, it is essential to have a skilled employment lawyer review the agreement to ensure it does not unfairly limit your rights or future opportunities.
Important Considerations in Severance Agreements
Severance agreements often include critical elements that employees should carefully evaluate:
- Severance Pay: Employers may be required to provide severance pay, depending on company policy, contracts, or applicable laws. An employment lawyer can help ensure you receive all entitled payments, including accrued PTO or bonuses.
- Medical Benefits: Under federal law, you can maintain health insurance for up to 18 months post-termination. An attorney can help negotiate for continued employer-paid premiums or a lump-sum payment to cover this period.
- References: Employers often restrict references to basic employment confirmation. A lawyer can help ensure you receive a positive reference, or negotiate terms for a more favorable reference.
- Dispute Resolution: Many severance agreements require arbitration in case of disputes. Having a lawyer familiar with arbitration can ensure fair treatment. If necessary, our trial attorneys are prepared to litigate.
- Confidentiality: Severance agreements often include confidentiality clauses. It is important to understand the scope of these terms and any exceptions, such as disclosures to attorneys or in legal proceedings.
Employers may have the upper hand in termination situations, but with skilled negotiation, we work to ensure you receive the severance benefits you’re entitled to while protecting your future employment prospects.
Why Choose Castronovo & McKinney, LLC?
If you’re facing termination in Berkeley Heights, NJ, it’s important not to rush into signing a severance agreement. Our experienced employment lawyers will guide you through the process, clarify your rights, and review the terms of any severance agreement to ensure it serves your best interests. We will handle all communications with your employer to protect your legal rights and secure a fair severance package.
Contact Our Experienced New Jersey Severance Agreement Lawyers
Facing termination is overwhelming, and it might be tempting to quickly accept a severance offer. However, it’s essential to consult with a knowledgeable attorney to fully understand the terms and their impact on your future. At Castronovo & McKinney, LLC, we specialize in severance agreement negotiations, helping clients in Berkeley Heights, NJ, navigate this critical phase with confidence. Let us protect your rights and secure a fair outcome for you.