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Severance Package

A severance package constitutes an agreement between employer and employee outlining the amount of compensation that the former will provide to the latter at the time an employment arrangement is mutually terminated by both parties

This compensation can include a number of financial components including: unemployment benefits, compensation for paid time off that went unused, retirement benefits, and medical or life insurance benefits. Most severance pay will include additional weeks or months of payment. But do not mistake a severance package as a form of payment for wrongful termination. An employer who has unjustly fired you or compelled you to resign may entice you to do so with an attractive severance package. You do not have to accept any termination agreement where you feel you were dismissed unfairly.

Should you believe you were the victim of a wrongful termination, you have the right to pursue the compensation you deserve for damages suffered as a result of the action and you are not obligated to accept any severance package offered by your employer.

A severance agreement is made at the discretion of your employer and should be agreed upon prior to commencement of your employment. An employer may make such arrangements with both full-time and part-time employees. However, full-time employees need to be careful when they enter any period of negotiation over a severance package as it could be far less than what would be appropriate by comparison for time spent with the organization.

Negotiating Benefits

A severance pay negotiation period is much like any other negotiation in which compensation is at stake. Many employees believe that a severance package is at the discretion of their employer and the amount of compensation included is decided upon at the whim of the employer. This is not true, there are employment and labor laws that must be considered when a severance package is assembled.
As you are not well-versed in the laws governing employment you would be ill-advised to enter into any severance agreement negotiation on your own. Doing so all but guarantees you will not receive the maximum compensation you deserve from your employer. In order to get all of the benefits to which you are entitled, you should hire a employment discrimination attorney who has the level of expertise  to successfully negotiate a handsome severance agreement befitting your level of commitment to the company and your contribution to its success.
You have the right to negotiate with your employer for the best possible severance package. A skilled attorney with the experience in negotiating these deals can help you receive benefits such as health insurance and unpaid vacation time. There are no laws in place to stop you from seeking out all of the benefits you feel that you are owed.
The only laws that do exist govern the minimum compensation standards to which employers must comply when offering benefits for a termination. But as an employee, you have every right to negotiate for the best possible severance package. The law does not interfere when an employee strikes an arrangement with his or her employer for a compensation package that far exceeds the minimums outlined in the law.
Should you feel that your severance package is far less than what you deserve, regardless of whether it meets the minimums prescribed by law, you can and must negotiate with your employer for compensation that reflects the time and effort you put into the company.

Illegal Severance Agreements

While any severance package is an agreement reached by an employer with an employee outlining the benefits he or she will receive at the time their employment is terminated, there are examples where such an agreement is illegal. In such cases as the following, the severance package is rendered invalid because the rights of the employee are being violated as a result:

Labor Law Provisions

A severance package is illegal when that agreement violates current employment and labor law provisions or regulations. This is typical in situations where an employer requests that you accept compensation that falls out of lawful expectations, the agreement is considered null and void as a result.

Wrongful Termination

When a severance agreement is used a means of coercing you into terminating your employment, that also renders any such agreement null and void. If your employer unjustly fires you for any reason and makes you sign a severance package under duress in order to dismiss your from the organization, that package is invalid and you have the right to file a claim against your employer to collect damages.

Are You Entitled to Receive Severance Pay?

The answer to this question depends solely on the employment situation of the individual. There are no laws in place mandating that an employer provide any employee with severance pay at the time of his or her dismissal. However, you are fully entitled to receive such compensation if it was agreed upon at the time of your employment. This is something  you should cover before accepting any job offer with an organization.
If termination benefits are part of your employment compensation, then you are entitled to receive those benefits if and when your employer terminates your employment. In the event your employer decides to withhold that compensation at the time of your dismissal, you have grounds to sue your employer to receive those benefits.  This can be done so long as such an arrangement was agreed upon at the time you agreed to accept a position with your employer, regardless of whether it were promised to you in writing, via corporate policy, or even as an oral agreement between you and your employer.

Protecting Your Rights

Severance pay is an important component of your employment with any organization. This is compensation that can be beneficial should you find yourself being dismissed from your job. If you believe you are not receiving the compensation to which you are entitled, you need a powerful attorney on your side. The severance package attorneys at the Sasooness Law Group have the experience and skill to get you the compensation you deserve. Never negotiate with your employer on your own, you are ill-equipped to get all of the benefits to which you are entitled. Protect your rights and call the Sasooness Law Group today.