FAQ: SEVERANCE AGREEMENTS

• If the severance is reasonable under the circumstances.
• If you are leaving any money/other compensation on the table if you don’t negotiate.
• Whether accepting a new position will reduce your severance.
• The impact on your health insurance.
• Whether you have wrongful termination or other legal claims.
• Whether the agreement will impact your future career.
• How your severance agreement affects your unemployment claim.

• Your bonus
• Commissions
• Deferred compensation
• Unvested equity
• Retention pay
• Repayment of sign-on bonuses
• Retention agreements

1. It is a legal contract.

We will discuss:

• It’s likely a skilled lawyer drafted it. The goal of that lawyer is to protect the company, not you.
• If the agreement includes a release of claims. You might be releasing legal claims you didn’t even know you had.
• Whether you are making promises in that agreement that may be difficult for you to uphold.
• Many severance agreements have non-compete and non-solicitation provisions that can affect your career and your future.

2. Severance agreements are not all the same.

We will review:

• Your agreement can impact your ability to qualify for unemployment
• It can require that you pay the company’s attorney’s fees
• It may be missing compensation you’ve earned
• It might have a valid non-compete agreement

Your employer has a skilled attorney.  Shouldn’t you have one too? Call us at 617-936-1580 or email at [email protected].

1. Concerned about wrongful termination? You will leave with an understanding of your legal rights and claims.
2. Wondering if you can negotiate? Your lawyer will let you know if you have a right to more compensation.
3. Considering if the package is fair? We will answer that question.
4. Concerned about your reputation? We can advise on how to protect your reputation and career.
5. Worried about health insurance? We can help you.
6. Concerned about unvested equity? We can advise you.
7. Wondering about your non-compete? You will leave with answers.
8. Worried about getting a reference? We can help you.

Your employer has a skilled attorney. Shouldn’t you have one too? Call us at 617-936-1580 or email at [email protected].

1. Call us before you negotiate. We can help you know the terms to request.
2. Are you leaving compensation on the table if you don’t negotiate? We can help you.
3. If you are still employed, you have additional options. Call us before your separation date. We can discuss ways to structure your employment transition that benefit you.
4. Once you ask for something different – you are negotiating. Make sure you understand all the changes you need before you just jump in. We can help.
5. The wording of your agreement is important. It can affect your reputation, compensation, and future employment. We can advise you.
6. If you negotiate, you typically speak with HR or a manager. If we negotiate, we connect with legal counsel. This makes a difference. If you have potential legal claims to bring to the company’s attention, we can help you.
7. If you are given the choice between a PIP and a severance agreement, we can advise you.
8. You may have signed contracts that impact your severance. This needs to be part of the negotiation. We can help.