Maximizing Your Severance Package: Expert Evaluation
How to Evaluate Your Severance Pay PackageWhen it comes to severance packages, it's not just about the dollars and cents – it's about knowing your rights and options. And there is limited information available about what is generally a reasonable severance offer.
That's where our experienced employment lawyers come in. We'll delve into the critical aspects of evaluating your severance offer and provide guidance on making informed decisions. Understanding Severance LawsWhile Massachusetts doesn't mandate severance offers, many employers extend them for various reasons. Whether as a gesture of goodwill or to mitigate future legal claims, it's important to comprehend the scope of your rights and claims.
If you have an employment contract outlining termination pay, its terms govern your entitlement. Typically, such contracts specify separation pay and benefits, often based on your tenure. In cases with an employee handbook detailing a severance policy, your employer usually adheres to it, though these policies aren't legally binding. If you're offered more than what the policy suggests, your employer may have underlying concerns about potential legal liability. Release of Claims: A Critical ComponentMost severance agreements entail a release of claims. This means you must ascertain if you have any potential legal claims arising from your employment and their potential worth.
For instance, if you belong to a protected class under state and federal discrimination laws, your termination might warrant discrimination investigation. Similarly, if you've recently taken medical leave, disclosed a disability, or reported workplace discrimination or harassment, you could have a retaliation claim. Suppose you have an employment contract limiting your employer's termination powers. In that case, it's crucial to review this with your attorney before accepting the severance. Weighing Severance Pay Against Legal ClaimsDetermining whether your severance pay surpasses the value of your potential legal claims depends on two factors: the likely damages you'd recover if you pursued claims and the probability of success.
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Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts, and helped thousands of clients on both the employee and employer side with severance and non compete review and negotiation, wage and hour, discrimination and retaliation disputes, workplace sexual harassment situations, and advice about employment law generally.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped clients with wage and hour disputes, employment discrimination, harassment and retaliation claims, review and negotiation of severance and non compete agreements, and advice to both employees and employers about navigating complex employment situations.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna has helped clients with review and negotiation of severance and non compete agreements, wage and hour disputes, discrimination, harassment and retaliation claims, and advice to small business owners about employment law and other business matters.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients on the employee and employer side with all varieties of employment law issues, including employment discrimination, harassment, retaliation, and wage and hour issues, litigation in MCAD and state and federal courts, and advising employers about employment policies and practices.
Sharleen Tinnin: Sharleen is a 2010 graduate of Northeastern University School of Law, and has been with slnlaw since 2023. Prior to joining slnlaw, she worked with King, Tilden, McEttrick & Brink, P.C. on complex civil litigation matters. She previously worked for the United States Department of Justice, and received an "Excellence in Justice" award in 2017. Sharleen has helped clients with wage and hour, discrimination, harassment and retaliation disputes, review and negotiation of severance agreements, and litigation in MCAD and state and federal courts on employment related issues.
How We Can Help
Our experienced team is here to help you evaluate your severance offer, understand your rights, and determine the best course of action for your unique situation. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
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