Severance Package: When to Consult an Attorney - Checklist
Severance Negotiations Checklist
Negotiating 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:
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 You Uncertain About the Fairness of the Severance Offer?
Do You Need Assistance Reviewing the Severance Agreement?
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.
Need Help With a Severance Agreement?
Wondering If You Should Sign a Severance Agreement?
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How Our Employment Lawyers 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.