Whether you are joining a company or about to leave, a severance package can be a major consideration. Severance agreements provide employees with assurances, rights and safeguards. But, unfortunately, it’s often easier to agree on a severance package than it is to collect after the employee and the company part ways. At the Law Offices of James Jean-Francois, P.A. in Hollywood, I negotiate and draft competitive severance agreements clearly to eliminate any doubt as to their enforceability. I also provide litigation services for separated employees who have been unfairly denied the severance they deserve. If you are facing a layoff or termination and you have questions about your right to severance, I am prepared to help.
Before an executive can accept a position at a company, there has to be a serious discussion of expectations and contingencies. What does success or failure look like, according to observable metrics? What happens if either side fails to perform according to the contract? What happens if the relationship between the executive and the company simply doesn’t work out? When negotiating executive compensation, I work to ensure a severance agreement addresses issues crucial to my client, such as:
I counsel my clients on all aspects of employment contracts, including severance, and fight for the fair terms they deserve.
Many employees work without an employment contract, and their relationship with the company is strictly “at will.” This means the company can terminate them at any time without giving a reason, as long as the firing isn’t for an illegal reason. But, if you are an at-will employee, it might still be possible to negotiate a severance agreement.
Some companies will offer severance to a long-term employee if severance is reasonable under the circumstances and not providing severance would harm the company’s image and make it more difficult to attract and retain good workers. If you have served a company for a number of years and are being laid off, I can help you negotiate more favorable terms.
If, for example, you are over 40 years of age, your layoff could be construed as age discrimination. This can provide additional leverage to increase the amount of your separation pay. If you have a history of asserting your rights in the workplace, which has brought you into conflict with management, your termination could be seen as unlawful retaliation. This situation would also provide greater leverage to negotiate an appropriate severance package.
If you sign an agreement without first consulting an attorney, however, you can lose your rights to the full compensation you deserve. Present me with your severance offer, and I can provide a free evaluation and advise you of your rights.
Generally, you have a legal right to severance if:
However, employers are not always willing to live up to their obligations to separated workers. If your company fails to fulfill its obligation, I am a knowledgeable and determined employment law attorney who will fight for your rights.
The Law Offices of James Jean-Francois, P.A. provides employment law representation on severance agreements for workers at all levels throughout the Hollywood area. To schedule a free consultation, call 954-780-8505 or contact my office online. My Hollywood office is conveniently located at 6100 Hollywood Blvd., Suite 211, between Florida’s Turnpike and South State Road 7.