A Severance Agreement Has The Potential To Avoid And Cause Conflict If It Is Not Effective
A severance agreement is put in place, theoretically, to protect both the employer and the employee at the termination of their relationship. If the agreement is not drafted properly, each side may encounter problems in the future.
Employers are not required to offer severance pay, unless it is stipulated in the employment contract that initiated the relationship. Many businesses opt to do so, both to protect their interests and because it is the correct decision.
The lawyers at The Employee Rights Group, LLC assist Boston-area employers in offering agreements that are clear, meticulous and enforceable. We also consult with employees who need advice on whether an agreement is too restrictive, and how it might be modified. When disputes arise between the two sides, we provide aggressive representation to either party, drawing on our extensive knowledge of employment law.
Most law firms will only represent one side of a given issue. We find that having experience on both sides of employment law issues allows us to create a stronger argument and deliver the quality representation and exceptional service that our clients have come to expect.
Severance Agreement Solutions For Massachusetts Employees And Employers
The purpose of a severance package is to make a clean, mutually acceptable termination of the employment relationship. A good agreement provides severance pay and describes how it will be tendered. It also details outstanding issues such as vacation pay, COBRA benefits and other benefits that may yet be due to an employee. Severance agreements usually include restrictive covenants such as confidentiality, non-disparagement, nonsolicitation and noncompete clauses.
Severance agreements also commonly include a release of claims — the employee’s waiver of the right to sue the employer. If the employee agrees to waive this right, he or she may be offered additional severance compensation, often called consideration.
Depending on how it is drafted, a severance agreement may be subject to a challenge by an employee, regardless of whether he or she collected severance pay. If an employee feels that his or her rights have been violated, conflicts can occur.
To navigate the challenges of a severance contract, or to review your company’s severance documents to ensure that they are legal and effective, talk to the attorneys at The Employee Rights Group, LLC, at 774-847-7390 — or describe your needs in a quick email.