When negotiating a severance agreement, creativity can help move the process forward. In some cases, employers are reluctant to offer a lump sum. If so, there may be other benefits that can help you get the full and fair consideration you deserve. An employer is only required to award you severance pay if you have a prior agreement to obtain it. For example, there may be a termination clause in your pre-employment contract, or your union contract requires it. In such cases, you may be entitled to severance pay. If you are still not sure if you are consulting a lawyer, you should consider the following issues when reviewing your severance contract: as noted above, severance pay is not guaranteed by law. There is no clause in the Fair Labor Standards Act (FLSA) or any other state law that will give you an automatic right to severance pay. It is important to understand that employees still have an influence on severance negotiations.
Almost everywhere, a compensation agreement will require you to accept some (or all) of the following: You don`t just have to act against your employer. An experienced lawyer can help you review your case, explain your options and help you negotiate the best possible severance package. At Bracamontes-Vlasak, our California labour lawyers have extensive experience as client representatives in complex severance negotiations. Most workers are not entitled to severance pay when their employment is terminated. However, because severance agreements can help reduce an employer`s legal liability, many companies offer severance pay, whether or not they are obliged to do so. Severance agreements are usually concluded after the employee`s termination or at the time of dismissal, in which case the statutes would not apply. However, employers sometimes negotiate a termination agreement before a worker`s separation in order to develop a voluntary separation. On the basis of status, it is not certain that this is an authorization „as a condition for maintaining employment“.
Therefore, these transaction agreements should be consistent with the exception of the „negotiated transaction agreements“ provided for by law, which means that „the agreement is voluntary, intentional and informed, provides a balance of value for the employee and the employee is dismissed and has the option of retaining a lawyer or being represented by a lawyer.“ Regardless of what your employer tells you, you don`t have to sign a severance contract and you don`t have to do it immediately.