Getting Legal help for Employment Severance Package

While you may be quite capable of handling salary negotiations with a prospective employee, you may need this capability when you are facing a layoff. Though there are no laws regarding the issue, in most cases, your employer would provide you with a severance package.

Getting advice from an employment attorney pertaining to this is imperative if you want to ensure a fair deal. In-depth knowledge in the New Jersey employment laws is a requisite to understand the details. Here are a few points for help if you ever face such a difficult situation.

Planning is an essential to avoid complications. Whether you are sure about an impending layoff or not, it is better to have a clear idea about the severance clause in your employment agreement. Also, try to accumulate as much details as possible about the severance package of other former employees.

It is difficult to negotiate the package if you are part of a mass layoff. If you think that you are going to be in one, consider discussing the issue with your employer. If possible, try to negotiate beforehand. After the announcement of the severance package for all, it is less likely that they would offer you a different one.

Why would your employer pay you anything? This is a common question, especially if you were an at-will employee, i.e. your employer may terminate your job for any legal reason. You may have to sign an agreement releasing every claim against the company to get a suitable package.

No employer wants their former employees to go out and file a claim against them. The grounds for such filing can be various – you may claim the termination as discriminatory (based on race, sex, color, etc) or retaliatory (based on whistle blowing activities). Moreover, there is also the chance of the employees to work for their competitors.

Negotiating the package on your own is not a good idea. You may end up with lesser than what you owe. Consulting a New Jersey employment attorney for advice helps understand the exact circumstances. However, it is better not to threaten your employer with legal steps as this hampers the negotiation.

Apart from the severance pay, your attorney would be able to evaluate whether you were getting additional benefits like health insurance coverage, access to pension accounts, unused vacation pays, and so on. Getting a qualified attorney specializing in negotiation, to ensure a fair package for your severance, is the most important factor.