In Hamilton Township, employees undergoing termination, layoff, or departure may encounter agreements aimed at severance. These agreements, though seemingly straightforward, could result in employees forfeiting crucial legal entitlements, including the right to litigate against their former employer. It’s imperative for affected employees to seek counsel from adept employment attorneys before agreeing to any severance terms. At Castronovo & McKinney, LLC, we prioritize the protection of employee rights throughout all phases of their employment journey, from recruitment to eventual separation. We understand that severance agreements often tilt in favor of employers, thus we are committed to ensuring that your rights remain intact. Reach out to us promptly for a comprehensive assessment of your severance agreement and expert guidance.
What is a severance agreement?
What constitutes a severance agreement? A severance agreement serves as a pivotal document delineating the rights and obligations of both employer and employee during the termination of employment. Typically, these agreements are crafted to safeguard the employer’s interests and may encompass several critical clauses, including:
- A confidentiality clause restraining the employee from disclosing termination circumstances or confidential company information.
- A non-compete provision barring the employee from joining competitors or initiating similar ventures.
- A non-disparagement agreement prohibiting negative remarks about the employer.
Most significantly, severance agreements often mandate that employees waive their right to sue the employer, usually in exchange for a severance package. Given these substantial ramifications, it’s imperative for employees to have their severance agreements meticulously scrutinized by proficient employment attorneys before consenting to the terms. This ensures that their rights are adequately safeguarded and they comprehend the agreement’s implications on their future employment prospects.
What should be included in my Hamilton Township severance agreement?
What should my Hamilton Township severance agreement encompass? While severance agreements are tailored to individual circumstances, certain fundamental elements are indispensable to safeguard your interests:
- Severance Pay: While employers may be obligated to provide severance pay based on employment contracts, state or federal laws, or company policies, situations may arise where it’s offered in exchange for the employee’s agreement to release the company from future claims. An adept employment attorney is indispensable to ensure you receive all entitled severance benefits, including accrued paid time off, outstanding bonuses, and other compensations. Furthermore, they will ensure that any release and waiver does not impinge on your legal rights or vested employee benefits.
- Medical Benefits: Federal law entitles you to continue your health insurance under the company’s plan for up to 18 months post-termination, albeit with premium payments. Legal experts can negotiate with your employer to cover these payments for a specified period or agree on a lump-sum payment.
- References: Typically, employers may only verify your employment and good standing when approached by potential future employers, thereby avoiding potential liabilities.
- Dispute Resolution: Employment and severance agreements often stipulate arbitration for dispute resolution. Given that courts generally uphold arbitration clauses, having an employment attorney proficient in alternative dispute resolution is imperative. They can ensure fair conduct of arbitration proceedings, and if necessary, our trial lawyers are prepared for litigation.
- Confidentiality: Severance agreement terms usually remain confidential, with exceptions for disclosures to family, attorneys, or in legal or arbitration proceedings.
Employers often hold the advantage in termination scenarios, but our negotiation prowess will ensure that your rights are upheld. We strive to secure the severance pay you deserve and uphold your right to future employment.
Why Choose Castronovo & McKinney, LLC
Why Opt for Castronovo & McKinney, LLC? In Hamilton Township, facing termination might prompt a swift decision to sign the severance agreement and move forward. However, this juncture warrants consultation with seasoned employment lawyers. Our team will elucidate your rights, meticulously evaluate the severance agreement, and handle all communications with your employer and their legal representatives. Count on us to advocate for a comprehensive severance package that protects your legal rights and interests.
Contact Our Experienced New Jersey Severance Agreement Attorneys
Contact Our Proficient New Jersey Severance Agreement Attorneys Facing termination can be a daunting and stressful experience, and hastily signing a severance agreement might seem like the easiest route. However, it’s imperative not to relinquish your legal rights without sound counsel. We, at Castronovo & McKinney, LLC, specialize in navigating clients through the complexities of severance agreements. Serving Hamilton Township and other areas in New Jersey, our adept employment lawyers are here to ensure that your rights are fully preserved during these pivotal moments.