Boston Severance Lawyer

Expert Guidance on Severance Packages in Boston

Years ago, companies would reward departing employees with a gold watch or some other symbolic token of appreciation. Companies did not want anything in return. However, times have changed.

These days, companies that provide a severance package almost always require that the departing employee execute a release as a condition of getting the severance payment. A release is essentially a binding promise that the departing employee forfeits his or her rights to sue the company.

There are a couple of exemptions, which means that certain rights cannot be waived by a private agreement, such as:

• Rights to benefits under ERISA
• And the worker’s comp statute

At Davis & Davis, P.C., we assist employees and employers in Middlesex, Essex, and Suffolk counties by reviewing severance packages and mediating or litigating disputes regarding severance packages.

Reviewing a severance package is easy for an experienced employment law attorney. However, it is not just about reviewing a boilerplate contract. The important part about severance package reviews is the analysis of any viable legal claims, placing a value on those claims, and comparing the same to the severance package offer.

For example, if a client comes into our office and has legal claims that are worth approximately $25,000, but the severance package is worth about the same amount, then it probably makes sense to accept the severance package. However, if a client has a $25,000 severance package but has solid legal claims worth $50,000 or more, then our team can typically negotiate for a more lucrative severance package offer.

Key Considerations Before Signing a Severance Agreement

In the realm of employment law, the decision to sign a severance agreement is a critical one that demands careful consideration. While severance agreements often serve as a bridge between employer and employee during the termination process, there are instances where signing may not be in your best interest.

Ambiguous Terms & Conditions:

If the severance agreement is laden with unclear or ambiguous terms, it may expose you to unforeseen risks. Ambiguities can lead to misunderstandings, potentially compromising your rights and entitlements. It is essential to thoroughly review the document and seek legal counsel to ensure clarity and alignment with your best interests.

Waiver of Legal Rights:

Exercise prudence when the agreement seeks to waive your rights to pursue legal action against your employer. If you believe your termination was unjust or involved discriminatory practices, signing away your right to legal recourse may not be in your best interest. Consulting with an employment lawyer is imperative to assess the potential implications of such waivers.

Inadequate Compensation:

Review the offered severance package carefully. If it fails to adequately compensate you for your service, skills, and potential legal claims, consider negotiating for a more favorable arrangement. A seasoned employment lawyer can help evaluate the fairness of the proposed compensation and negotiate on your behalf.

Non-Compete and Non-Disclosure Clauses:

Beware of overly restrictive non-compete and non-disclosure clauses. These provisions can hinder your future career prospects and limit your professional opportunities. Seek legal advice to ensure these clauses are reasonable and tailored to protect legitimate business interests without unduly restricting your career path.

How Attorney John Davis Can Help

Attorney John Davis has probably reviewed more than 1,000 of these contracts in his career. He has drafted and negotiated many as well. Because John has a reputation for not making idle threats, defense lawyers know that when John threatens litigation, he is not bluffing. John has worked hard to cultivate a reputation for blending tempered aggression with tactful diplomacy.

Secure Your Interests: Review Your Severance Package with Us

Having a severance package attorney in Boston review your severance package before you offer it to an employee or sign it for your employer can save you money and time later on. Before forfeiting your right to sue, ensure that the agreement represents your best interests.