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.

Did you take family or medical leave?
Did you make a complaint about sexual harassment?
Did you make a complaint about discrimination in the workplace?
Did you make a complaint to your employer about payment of wages, overtime, or inaccuracies in your commission payments?
Did you make a complaint to your employer about your classification as an independent contractor?
Did you file for workers compensation?
If you are a health care worker, have you raised any complaints or concerns about patient safety, quality of care, or non compliance with health care laws and regulations?
If you are a public employee, have you raised any complaints or concerns about activity you believed was unlawful?

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.

Race
Gender
Age
Sexual orientation
Gender identity
Ethnic background
National Origin
Religion
Disability
Military Duty

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.

Does your severance package include non-compete or other restrictive clauses?
Are you unsure whether terms of these clauses is clear and reasonable?

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:

Do you have an employment contract that outlines severance terms?
Does your contract guarantee specific benefits upon termination?

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 Assistance Reviewing 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.

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