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If you have recently been laid off or terminated from your job, the financial consequences are likely your most immediate concern. Depending on the circumstances of your situation, you may be wondering if you’re entitled to a severance package and whether the offer will be adequate.
A severance package is essentially an offer to provide compensation and benefits to an individual upon termination of employment. At Joseph & Norinsberg LLC, our experienced NYC severance lawyers will review your unique case to determine the best legal strategy for moving forward.
Table of Contents
- Why Choose Joseph & Norinsberg LLC for Help with Your NYC Severance?
- What Is a Severance Agreement?
- What Are My Severance Package Rights?
- What Are the Benefits of Hiring a NYC Severance Lawyer?
- How Does a Severance Agreement Help Me?
- Choosing the Right NYC Severance Lawyer
- Frequently Asked Questions
- Securing Your Future With Experienced Severance Legal Guidance
Why Choose Joseph & Norinsberg LLC for Help with Your NYC Severance?
Choosing the right New York City lawyer for counsel on your severance situation is crucial. At Joseph & Norinsberg LLC, we are committed to fighting passionately and aggressively for every client. Here are a few ways we stand out in the field of severance law:
- Experienced legal team: Our NYC severance negotiation attorneys and paralegals have a wealth of experience in these cases. They are deeply knowledgeable about the law but also never lose sight of the emotional and financial toll termination and severance negotiations take on individuals. We approach each case with a combination of legal acumen and empathetic understanding, supporting you throughout the process.
- Personalized attention: We know that each case is unique. That is why we dedicate personalized attention to each client, handling your severance claim with the detail and diligence it deserves. We tailor our approach to meet your case’s specific needs and goals, helping you confidently navigate New York’s employment law.
- Professional collaboration: The details of termination and severance packages often cross lines with employment law issues. Your attorney will collaborate with professionals skilled in navigating age discrimination, wrongful termination, or verbal abuse at work issues as appropriate.
- Aggressive advocacy: Our team will fight relentlessly for you. We understand the importance of securing a fair severance package. We will work tirelessly to protect your rights and achieve a fair outcome for you.
Client Testimonials
We are proud of our five-star Google rating, not because of the number but because of the satisfied clients it represents. We treat all our clients like family, and they regularly stay in touch with us long after their cases are resolved. We regularly receive unsolicited client testimonials such as the following:
Our Founders
Our founders, Bennitta Joseph and Jon Norinsberg, have earned widespread recognition for their litigation skills. Bennitta Joseph’s background as a prosecutor and Jon Norinsberg’s civil rights litigation experience form the foundation of our firm’s success. They were recently named “Best Litigation Attorneys in NYC” by expertise.com. Their accomplishments have also led to media coverage of our firm’s cases.
Proven Success in Severance Claims
Case Result: Joseph & Norinsberg attorney John Meehan represented a hedge fund executive who was terminated due to disability discrimination. Using the threat of arbitration, we substantially increased his severance offer by a confidential amount.
What Is a Severance Agreement?
A severance agreement is a contract between an employer and an employee outlining the terms and conditions under which the employee will leave the company. It is often presented to employees at the end of their employment, whether due to layoffs, mutual agreement to part ways, or other termination scenarios.
Key Components of a Severance Agreement
The following are important parts of your severance agreement:
- Severance pay: This is a payment or series of payments made to the employee upon termination. The amount can vary based on factors such as the employee’s tenure, position, and salary. It is intended to provide financial support during the transition period after leaving the company.
- Benefits continuation: Severance agreements often include provisions for continuing certain benefits, such as health insurance, for specified periods after employment ends. This helps the departing employee maintain essential coverage during their job search.
- Non-compete clauses: These provisions restrict the employee’s ability to work in similar employment or start a competing business within a certain geographic area and time frame after leaving the company. They aim to protect the employer’s business interests, including client relationships.
- Confidentiality provisions: These clauses require the employee to keep company information confidential and prohibit the disclosure of trade secrets, proprietary information, and other sensitive data.
Governing Laws and Regulations in New York
In New York City, both state and federal laws govern severance agreements. Key considerations include the following:
- Legal compliance: Agreements must comply with employment laws, including those governing termination, discrimination, and wages. For example, agreements cannot waive certain employee rights, such as the right to sue, unless additional benefits are offered beyond previously entitled benefits.
- Voluntary agreement: The employee must voluntarily enter into the severance agreement without coercion or undue pressure from the employer.
- Consideration period: Under laws such as the Older Workers Benefit Protection Act, or OWBPA, employees over 40 must have a reasonable period to consider the severance agreement before signing it. A reasonable period is typically 21 days.
- Revocation period: There is often a revocation period after signing the agreement, during which the employee can change their mind and rescind their acceptance of the severance offer. The typical revocation period is at least seven days under OWBPA.
Understanding the details of severance agreements in New York City requires a keen knowledge of both the legal landscape and the practical considerations that impact the rights and obligations of both parties.
What Are My Severance Package Rights?
It is important to understand your rights before you make any decisions regarding your severance package. These rights will help you make informed decisions based on your best interests as you review and accept or reject the offer.
Right to Review, Accept, or Reject the Severance Package
You have distinct rights regarding your severance package, including:
- Adequate time to consider: You have the right to a reasonable period to review the severance package before making a decision. This gives you time to understand and consider the agreement’s terms, conditions, and implications.
- Seek legal advice: You can consult an attorney to evaluate the severance package. An experienced severance agreement lawyer in New York City can help you understand the legal and financial aspects of the offer and advise on negotiation strategies.
- Voluntary acceptance: Your decision to accept the offer should be voluntary, free from undue pressure or coercion by the employer. You should only agree to the terms if they meet your needs and expectations.
- Negotiation option: If certain aspects of the offer are unsatisfactory, you can negotiate the package’s terms.
- Rejection rights: If the severance package is not in your best interest, you have the right to reject it. Your rejection may open further negotiations or legal action to pursue compensation.
Protection Under the Age Discrimination in Employment Act
The Age Discrimination in Employment Act, or ADEA, provides specific protections for employees over 40. This act aims to prevent age discrimination in employment, including in the context of severance packages.
Under the ADEA, employees aged 40 and over must be given at least 21 days to consider a severance offer. This period gives employees ample time to review the terms and seek legal counsel. After accepting a severance offer, employees protected by the ADEA have at least a seven-day revocation period to change their minds and rescind their acceptance.
What Are the Benefits of Hiring a NYC Severance Lawyer?
Engaging severance pay attorneys in NYC can significantly impact the outcome of your severance agreement negotiations and provide vital legal support during this critical transition period. Here are a few benefits of a NYC severance lawyer:
- Negotiation experience: A severance lawyer possesses the skills necessary to advocate for better terms in your agreement.
- Legal insight: A severance lawyer with an in-depth understanding of employment law can identify and leverage legal entitlements that may enhance the value of your severance package. In addition, an employment lawyer can identify any violations of your rights stemming from the termination and severance package.
- Mediation and negotiation: Severance lawyers are adept at resolving disputes that may arise during the severance process. Whether through mediation or direct negotiation, they can address conflicts and seek resolutions that protect your interests.
- Strategic advocacy: By challenging the legality of your termination, a severance lawyer can often secure a better severance package or obtain compensation through legal action if the employer has violated your rights.
- Litigation support: If a lawyer identifies any violation of your rights and a legal dispute ensues, a lawyer can provide strong legal representation to litigate your case in court.
- Rights and entitlements: A severance lawyer protects your rights throughout the process. This includes reviewing severance agreements to confirm they comply with all legal standards and do not infringe on your rights.
Our Clients Have Given Us a Five-Star Rating
Our clients benefit from our hard work, and it means everything to us when they write to us and tell us how much of a difference we made in their lives. Below are a few examples of the types of client feedback we regularly receive:
How Does a Severance Agreement Help Me?
A severance agreement can provide significant benefits and protections as you transition to the next phase of your career. Here is how a severance agreement can benefit you:
- Financial stability: Receiving severance pay offers immediate financial relief after a job loss, giving you a buffer to manage expenses while you search for new employment.
- Continued health insurance and other benefits: Severance agreements often include provisions for continuing health insurance and other employee benefits for a specified period after employment ends.
- Career transition support: Some packages include outplacement support, providing access to career counseling, resume services, and job placement assistance.
- Legal protections: While a severance agreement typically includes a release of claims against the employer, it also provides a clear legal framework that protects both parties.
- Negotiation leverage: The agreement process allows you to negotiate terms that better suit your needs, such as a higher severance payout or extended benefits coverage.
Choosing the Right NYC Severance Lawyer
Selecting the right severance package review lawyers in NYC is a critical decision that can significantly influence the outcome of your severance agreement negotiations. Here are key factors to help you choose the right attorney:
- Experience: Look for a lawyer with extensive experience handling cases similar to yours in New York City, with expertise in severance agreements and employment law.
- Reputation and track record: Research the lawyer’s professional reputation and track record of success in severance negotiations and litigation.
- Communication and compatibility: Choose a lawyer with whom you feel comfortable communicating.
- Transparency and fees: Understand the fee structure and any additional costs associated with your case.
Follow these steps to choose the right severance lawyer in New York City:
- Conduct research into prospective attorneys.
- Review their credentials and experience.
- Solicit recommendations from family, friends, and colleagues. Also, read reviews and testimonials from former clients.
- Schedule consultations and question prospective attorneys about how they can help you.
- Evaluate their communication styles. Look for attorneys and firms that value open communication and responsiveness to clients.
- Compare and decide.
Frequently Asked Questions
Can You Negotiate a Severance Package?
Whether or not you can negotiate a severance package depends on the circumstances of your unique situation. If your employer engaged in any unlawful actions at any time during your employment or the termination process, you may be able to use this as leverage in severance negotiations. For example, if your termination involved or resulted in any of the following, you are more likely to be successful in negotiations for a substantial severance package:
- A breach of an employment contract
- Workplace discrimination based on gender, sexual orientation, race, age, etc.
- Sexual harassment
- Wage-and-hour violations
What Are The Standard Severance Packages For Executives in NY?
Although severance packages are different for every individual, there are some characteristics common to executive severance packages in New York. At the start of employment, it is wise for any executive to negotiate a severance package. However, such an agreement can be made at any time during the course of employment, including upon termination. If your termination is due to a company downsizing, merger/acquisition, plant closure, or as an incentive to early retirement, you may have the leverage needed to negotiate for a more attractive severance package.
What Do Most Executive Severance Packages Include?
Most executive severance packages include:
- A cash payment made as a lump sum or in multiple payments, generally based on six months to one year of the executive’s salary
- An additional cash payment for equity and bonus
The above inclusions are fairly standard to executive severance packages, but cash payments can be much less or much greater than what is considered standard. A New York City severance lawyer can help.
What Is Standard Severance Pay in NY?
Standard severance pay in New York varies, often based on the employee’s tenure and position. However, it is not legally mandated and largely depends on the company’s policy or individual employment agreements.
Can You Fight a Severance Package?
Yes, you can negotiate or challenge a severance package if you believe it is unfair or does not adequately compensate you. It is advisable to consult with a severance agreement lawyer in New York City to review the offer and advise on possible negotiations or legal actions.
Securing Your Future With Experienced Severance Legal Guidance
Understanding how severance agreements work and having seasoned legal representation can help you maximize your severance. Our knowledgeable New York severance lawyers can be pivotal in securing a severance offer that reflects your value and contributions to your employer while safeguarding your rights and future career prospects.
No employer—regardless of how powerful—can take away your fundamental right to work in an environment free of discrimination and other unlawful conduct. If you are facing termination and need help with a severance package, the skilled legal team at Joseph & Norinsberg LLC can help. Call us at 212-227-5700 or contact us today for a free consultation.
Bennitta Joseph is an experienced New York City sexual assault attorney with over seventeen years of experience litigating cases involving workplace harassment. She takes on cases with uncompromising dedication, patience, and a relentless desire to achieve justice.
A lawsuit proved employer misappropriation of tips. Court awarded employees unpaid tips, damages, fees after bench trial.
Wage and hour settlement on behalf of residential superintendents.
After getting the defendant to agree to mediation, settled for a class of construction workers who were not paid their overtime properly.
