Severance Negotiation Attorney

As companies continue to downsize and lay off employees, more individuals will find themselves in the position of signing severance agreements. Whether you’re a single layoff case or part of a mass layoff, it’s essential to remember that you have the right to negotiate your severance agreement. This right is a powerful tool that can help you secure better terms and protect your interests.

With a team of seasoned New York City employment attorneys, Lipsky Lowe LLP is well-equipped to help you navigate the complexities of your severance agreement. We will meticulously review the terms of your severance agreement and any other employment contracts you’ve signed, providing you with expert advice on your options. Our track record shows that we often secure more favorable terms for our clients through negotiation. Remember, before you sign a severance agreement, it’s crucial to consult with an attorney. 

Negotiating Your Severance Agreement 

Leaving a job with a financial safety net can significantly alleviate the stress of unemployment as you search for a new position. Many employees assume they must accept the terms of the severance agreement to secure compensation and employment benefits. However, with the support of a skilled attorney, you may be able to negotiate more favorable terms, providing you with a sense of relief and security.

When you work with Lipsky Lowe LLP, you can rest assured that we will carefully review all your previous employment contracts. You may have already signed an employee contract when you started working for an employer with severance provisions. Those provisions may be more generous than the severance agreement your employer is currently offering you. Enforcing the first employment contract could be more beneficial to you than signing the new severance agreement.

You May Have Outstanding Legal Claims Against Your Employer

Lipsky Lowe LLP will carefully review your case and employment circumstances. You may have a valid claim to compensation if your employer violated your employment contract or a local, state, or federal employment law. For example, suppose your employer engaged in unlawful discrimination or forced you to work in a hostile work environment. In that case, you will likely have the right to pursue compensation from your employer through a civil claim against them.  

Most severance agreements include a provision requiring the employee to provide a general release against any legal claims against the employer. If you sign the severance agreement, you will be waiving your right to pursue a claim against your employer. It’s crucial that you review your case with an attorney so you can become aware of any potential legal claims you may have before you waive them by signing a severance agreement. 

The skilled negotiators at Lipsky Lowe LLP can use this information to incentivize your employer to provide greater compensation in your severance agreement. Your employer may want to avoid a discrimination lawsuit and the negative publicity it may bring them. With a potential lawsuit in mind, an employment attorney may be able to persuade the employer to provide you with significantly more compensation.

Strategically Pursuing Better Terms for Our Clients

Lipsky Lowe LLP will take time to get to know you and understand your case so we can develop the best strategy possible for recovering better terms through negotiation. Successfully negotiating your severance agreement can be harder if you’ve been laid off as part of a larger workforce reduction.  

The company may try to claim that it has legitimate business reasons for laying you off. If a diverse mix of employees from different backgrounds and ages is impacted, the potential for discrimination claims could be reduced. Some companies use formulas to determine how to lay employees off. However, companies are not always honest and forthright about why they’re laying employees off. They may appear to have legitimate reasons to pursue a mass layoff, but they could be violating multiple employees’ rights. 

Severance agreements for individual employment terminations are generally easier to negotiate, especially if you don’t have a history of policy violations or performance issues. If you are the only employee who’s being laid off, you may feel like you’ve been unlawfully targeted. However, if you have been successful in your job and met or exceeded your goals as an employee, you may have been unlawfully targeted. If your employer is violating mass layoff laws or targeting you as an individual, your attorney can use these factors to negotiate the best severance agreement possible.

What Terms Should Employees Ask For During Negotiations?

There are several options for negotiating severance agreements, and the best option depends on the unique facts in your case. Employers offer severance agreements to tie up loose ends and gain certainty. When employees sign severance agreements, they cannot pursue legal claims against them in the future. Most severance agreements include a release of all claims clause for this purpose. If you ask for more compensation, your employer may say no because they want consistency and are concerned that other laid-off employees may also demand more money. 

Usually, they won’t reduce the amount offered because they want your signature on the contract. For that reason, you have little to lose by asking for more money. You could ask for a higher lump sum payment, additional weeks or months of severance pay, additional health insurance coverage, or payment instead of health insurance coverage. Additionally, you may request forward vesting of a buyout of your equity or another type of compensation that makes sense based on your employer’s assets and employee benefits. 

Discuss Your Case with a Severance Agreement Attorney in NYC 

Lipsky Lowe LLP tailors each severance negotiation to our clients’ specific goals, needs, and employment situations. We will determine what type of leverage our clients have and use that to pursue the most favorable severance agreement possible. Don’t hesitate to contact us to schedule a complimentary case evaluation and learn more about how we can fight for your rights.