When an employee leaves a company, especially if the employee has been with an employer for an extended period of time, it is often necessary to have a detailed agreement settling the rights of the employee and employer. Severance agreements have a substantial impact on employee’s legal rights and obligations, as well as future employment.
If you are considering a severance agreement or are involved in a severance agreement related dispute, it is important that you retain the services of a skilled and knowledgeable attorney who can ensure that your rights are protected and who can advise you of your potential options.
We represent clients throughout Northeast Florida in all severance-related matters including:
- Employment contracts
- Contract disputes/breach of contract claims
- Evaluation of pensions/vested benefits
- Evaluation of COBRA benefits
- Retirement benefits
- Evaluation of existing obligations such as non-compete agreements
- Evaluation of new obligations created by the severance agreement
The Terms of Severance Agreements
The following may or may not be listed in a severance agreement but should be evaluated by a competent attorney:
- The specific type and amount of compensation to be provided
- Waivers of your right to file administrative or civil proceedings against the employer for discrimination or other causes of action
- Non-compete agreements
- Previous contractual rights or obligations on the part of the employee or employer
- Other benefits such as accumulated vacation and sick leave
- Health insurance; COBRA rights
- ERISA considerations
- For employees over the age of 40, protections under the Older Workers Benefit Protection Act
- Negotiating bottom-line value of severance package
When you meet with us regarding a severance agreement, please provide us with the following:
- Any company policies regarding vacation, annual leave, sick leave or other paid leave periods.
- Any company policies regarding short or long-term disability policies or benefits.
- Any documents relating to your 401k or pension or retirement plans.
- Any documents or materials relating to your medical, dental, life, or disability insurance.
- Any documents regarding employee stock options or profit-sharing plans.
- Any documents relating to your salary or compensation history.
- Any documents relating to any contract or employment agreement you may have signed.
- Any documents or materials relating to any non-compete agreement or restrictive covenant or promise to refrain from disclosing confidential or proprietary materials.
- Any documents or materials relating to your disciplinary history.
- Any documents or materials relating to any history of your complaints concerning company or fellow employee mismanagement or misconduct.
- Any proposed severance agreement along with any policies or materials relating to severance agreements.
- Any documents or materials relating to your FMLA (Family Medical Leave Act) leave history.
- Any documents relating to the ages of persons who have been terminated at the same time as you, along with any documentation relating to any program or process used to determine which employees would be terminated by the company.
Questionnaires and Labor Law Issues
Recent Awards: Tad Delegal Presented the 2017 Non-Compete Seminar portion of the Florida Bar's Certification Review Course