When to Consult an Attorney About Your Severance Package
Severance Negotiations ChecklistNegotiating a severance package can be a complex process, and determining whether you need legal representation is crucial. This checklist will help you assess whether consulting an attorney is necessary when you receive a severance offer. Consider the following questions to make an informed decision about seeking legal counsel.
Was Your Termination Connected to a Protected Activity?The following are activities that are considered protected under the law. If you did any of these things shortly before you were terminated, you should have a lawyer review your situation and your severance agreement.
Do You Suspect Discrimination?The following are considered “protected classes” under the anti-discrimination laws in Massachusetts. If you fall into one or more of these classes, and you have reason to believe that your termination was connected to your status, you should have a lawyer review your situation and your severance agreement.
Are There Non-Compete or Restrictive Clauses in Your Severance Agreement?These provisions can sometime substantially affect your rights after termination, and should be reviewed by an attorney.
Are You Covered by an Employment Contract?If you have an employment contract, and it contains any language about termination or severance, you should have the employment agreement and severance agreement reviewed by an attorney. Specifically:
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Have You Been Paid All Final Wages, Commissions, and Vacation Time?
Massachusetts law has strict penalties for violation of wage and hour laws. If you sign a severance agreement, you will be releasing all legal claims, including wage claims. If any of the following apply, you should review the situation with an employment lawyer before signing:
- Are there any final wages that you were not paid on the day of termination?
- Do you have any outstanding earned commissions and accrued, unused vacation time?
- Do you have any other pending wage claims?
Are You Uncertain About the Fairness of the Severance Offer?
- Do you suspect the severance package offered is inadequate?
- Are you unsure whether the offered terms are fair and reasonable?
Do You Need Help Understanding the Severance Agreement?
- Does the severance agreement contain complex legal language?
- Are you uncertain about the implications of specific clauses?
Conclusion
If you answered "yes" to any of the questions above, it's advisable to consult an attorney experienced in employment law. An attorney can help protect your rights, assess the validity of potential claims, and negotiate on your behalf to secure the best possible severance package. Don't hesitate to seek legal guidance when navigating this important phase of your career.
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 attorneys specialize in employment law and can provide expert guidance, protect your rights, and negotiate for the best severance package on your behalf. 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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