In Woodbridge Township, employees facing termination, layoff, or resignation may encounter severance agreements. These agreements, while seemingly straightforward, can lead to employees waiving crucial legal rights, including the right to sue their former employer. It’s essential for affected employees to consult with a proficient employment lawyer before signing any severance agreement. At Castronovo & McKinney, LLC, our focus is on safeguarding employee rights throughout every stage of their employment, from initial hiring to the eventual termination or resignation. We recognize that severance agreements often benefit employers more than employees, so we’re committed to ensuring your rights are not compromised. Reach out to us promptly for a detailed evaluation of your severance agreement and professional guidance.
What is a severance agreement?
A severance agreement is a crucial document outlining the rights and obligations of both the employer and the employee during job termination. Typically, these agreements are designed to safeguard the employer’s interests and may contain several key clauses, such as:
- A non-disclosure clause that restricts the employee from revealing the circumstances of their termination or any confidential company information.
- A non-compete clause preventing the employee from joining a competitor or starting a similar business.
- A non-disparagement agreement that prohibits negative remarks about the employer.
Most importantly, severance agreements often require employees to relinquish their right to sue the employer, usually in return for a severance package. Given these significant implications, it’s essential for employees to have their severance agreements meticulously reviewed by a skilled employment attorney before agreeing to the terms. This ensures that their rights are adequately protected and they fully understand the agreement’s impact on their future employment opportunities.
What should be included in my Woodbridge Township severance agreement?
Severance agreements are tailored to individual circumstances, but certain key elements are essential to protect your interests:
- Severance Pay: While your employer may be obligated to provide severance pay based on the employment contract, state or federal laws, or company policies, there might be instances where it’s offered in exchange for your agreement to release the company from future claims. An adept employment lawyer is crucial to ensure you receive all deserved severance benefits, including accrued paid time off, unpaid bonuses, and other compensations. Additionally, they’ll ensure any release and waiver doesn’t infringe 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. A legal expert 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 confirm your employment and good standing when approached by potential future employers. This limitation helps employers avoid potential liabilities.
- Dispute Resolution: Employment and severance agreements often mandate arbitration for dispute resolution. Since courts generally uphold arbitration clauses, having an employment attorney skilled in alternative dispute resolution is vital. 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. Exceptions include disclosures to family, attorneys, or in legal or arbitration proceedings.
Employers often have the upper hand in termination scenarios, but our negotiation expertise will ensure your rights are safeguarded. We aim to secure the severance pay you merit and uphold your right to future employment.
Why Choose Castronovo & McKinney, LLC
In Woodbridge Township, if you’re facing termination, it might be tempting to quickly sign the severance agreement and move forward. However, this is a critical moment to consult with an experienced employment lawyer. Our team will clarify your rights, meticulously review the severance agreement, and manage all communications with your employer and their legal representatives. Rely on us to advocate for a thorough severance package that safeguards your legal rights and interests.
Contact Our Experienced 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 path. However, it’s crucial not to sign away your legal rights without proper counsel. We at Castronovo & McKinney, LLC specialize in guiding clients through the intricacies of severance agreements. Serving Woodbridge Township and other areas in New Jersey, our experienced employment lawyers are here to ensure that your rights are fully protected in these critical moments.