If you have been offered a separation package, you may have some difficulty
fully understanding every aspect of what you are asked to sign. Many severance
agreements do not advise you to consult an attorney before you sign a waiver.
By signing a severance agreement that contains a waiver or release of your
claims, you may be giving up valuable rights that could affect your benefits or
retirement income for years to come.
If you sign an agreement that contains a waiver or release, you are giving up
your right to sue. You may feel compelled to sign because you need the money,
but you should consider how long that money will last and where you will be
financially in the future. Before you sign, you should seek legal advice. The
agreement may unduly restrict your ability to earn a living in the future. More
importantly, you may have a claim that is far more valuable than what you
employer is offering you.
If you have signed an agreement waiving your rights, the agreement may be flawed
and unenforceable. You should seek immediate legal advice, since time limits for
taking legal action are relatively short.
At the Upstate Law Group, LLC, we have years of experience in the negotiation of
severance agreements for employees at all levels, including executives. We have
negotiated nearly every aspect of separation agreements, including salary, bonus
payments, stock options, out placement, letters of recommendation, non-compete
agreements and other provisions important to our clients.
We have negotiated improved severance agreements in the vast majority of
situations, without the need for litigation because of our knowledge of the law
governing releases and our ability to evaluate any underlying claims.
We have been able to set aside, or invalidate, releases because they did not meet the
requirements of federal law. When necessary, we have successfully litigated
cases on behalf of employees who have signed releases and received severance pay
without having to return any of the money received prior to filing suit. We have
successfully represented clients on the issue of severance agreements in state
and federal court, including the U.S. Court of Appeals.
Your severance agreement may well be one of the most important documents you
ever sign. Don't sign it without talking to us first. In many cases, your case
may be accepted with the attorney's fees
contingent on our success at negotiating a more favorable separation
The information you obtain at this site is not, nor is it intended to be, legal
advice. You should consult an attorney for advice regarding your individual
situation. We invite you to contact us and welcome your calls, letters and
electronic mail. Contacting us does not create an attorney-client relationship.
Please do not send any confidential or time-sensitive information to us until such time as an
attorney-client relationship has been established.