Fix picture in the Severance Agreement

Aug 6th, 2022
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How to fix picture in the Severance Agreement

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The text emphasizes the importance of reviewing severance agreements with an attorney. It notes that companies offer severance pay not out of goodwill but because accepting it often requires signing away the right to sue. Typically, companies offer a severance amount they believe is less than potential legal claims, which can lead employees to miss out on more compensation. Therefore, consulting an experienced employment lawyer is crucial to ensure employees fully understand their options and do not overlook additional entitlements.

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A non-union employer, faced with a plant closing, may be even more abrupt. Such an employer, under no obligation to bargain with its workers about employment terms, may simply choose to take a unilateral action to alter or eliminate a severance pay plan or practice.
These include financial drawbacks such as loss of steady income and potential loss of benefits, as well as the uncertainty of future job prospects and impact on retirement savings and benefits.
Fraud, misrepresentation, duress, or unconscionability are common defenses you can use if you want to void a severance agreement that you already signed.
You intend to sue your employer. Perhaps the most common reason not to sign a severance offer is that you fully intend to sue your employer after your termination. Employers use severance agreements to prevent lawsuits, which is why many terminated employees are not offered one.
Severance packages are intended to help ease the transition out of your terminated position. But while a severance package offer can be a great benefit, it can be important to give any offer careful consideration before accepting it because it is a contract between you and the company.
Severance packages often demand you sign a release waiving any right to sue the company or pursue further claims against it. So you might not wish to accept a severance package if you think you have been wrongfully terminated or discriminated against, and you might want to take legal action in the future.
Your severance agreement may interfere with your future employment if it includes a non-compete provision, non-solicitation clause, clawback provision, cooperation requirement, or other terms.
Just as your employer typically does not have to offer you any severance, your employer can withdraw an offer if you do not accept it before it is withdrawn.

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