Negotiating a Severance Package: When Should You Consult an Attorney?
Severance Negotiations: The Role of Legal CounselNavigating the intricacies of a severance package negotiation can be daunting, prompting the question of whether legal counsel is necessary. The decision to involve an attorney in your severance negotiations depends on several factors, such as the complexity of the agreement, potential legal issues, and your personal comfort level. This guide will shed light on the situations where seeking legal representation becomes crucial during the severance negotiation process. You can also use our checklist to identify situations where you might want to consult an attorney.
If You Suspect Unlawful TerminationCentral to your severance agreement is the compensation offered in exchange for your agreement not to pursue legal action related to your employment or termination. If you have reason to believe that your termination was discriminatory, retaliatory, or in violation of employment laws, it's imperative to consult with an experienced employment attorney. They can assess the validity of your claims and determine their potential worth.
Unpaid Final Wages, Commissions, or Vacation TimeMassachusetts law mandates that final wages, including earned commissions and accrued, unused vacation time, be paid to most employees on the day of termination. Failing to do so may result in significant penalties for the employer. Signing a severance agreement often involves releasing any claims related to late payments. Consulting an attorney in such cases can help you safeguard your rights.
Inclusion of Non-Compete or Restrictive ClausesSeverance agreements may introduce new non-compete obligations or reference existing non-compete clauses. It's essential to be aware that some provisions of the Massachusetts Non-Compete Law do not apply to non-competes associated with employment separation. These clauses can substantially affect your future career choices, making it vital to have them reviewed by an attorney to ensure they are fair and reasonable.
Employment Contracts with Severance TermsCertain employment contracts outline specific severance promises, often contingent on the circumstances of your termination. If you possess such a contract, it's advisable to have it reviewed by an attorney to ensure you receive all the entitlements stipulated in the agreement.
ConclusionIn conclusion, deciding to involve an attorney in your severance negotiations hinges on the specific circumstances and legal aspects of your case. Understanding when to seek legal representation can make a significant difference in securing a fair and just severance package.
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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 attorneys can provide invaluable guidance in understanding your rights, assessing potential legal claims, and ensuring you receive what you're entitled to in your severance package negotiations. 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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