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SEVERANCE AGREEMENT NEGOTIATIONS - CONNECTICUT EMPLOYMENT ATTORNEY
Have you received a severance agreement offering you a severance payment but you do not think the amount your employer is offering is fair? Or, are you looking to leave your place of employment and want to negotiate a severance payment?
How Much Severance Should You Receive?
Often you will see some general guidance about being paid a certain amount for your years of service. While there are rules of thumb as to what companies do offer, they are often not the only basis for determining the right amount. Each situation is different. If you were wrongfully terminated, then you have rights. And companies know you do.
Understanding Your Rights
It is important to arm yourself with an attorney sometimes to let the employer know you know how to fight back. Fighting back involves making them know you know the laws that do and do not apply to your situation. Employers who wrongfully terminate make a decision in some cases as to how much they can get away with. So, having an attorney close the gaps between what they do and what they think they can get away with is of value.
Understanding Your Negotiating Leverage
I have been shocked by how many times an employee knows something is not right in the way they are being treated, but they do not realize a particular violation is evident from their facts. We have had numerous situations where an employee is focused on one aspect of their work situation while not realizing that there is another aspect that also helps their case. It not only helps their arguments but their leverage. And much in these negotiations is about leverage.
Getting a good severance is about negotiating a good severance. You are in a negotiation. The employer does not have to offer you a severance, in many cases. And if they do offer one, they can withdraw the severance in some circumstances. So, how you negotiate matters. Also, making sure you have a good negotiating position is essential. Making sure you are willing to walk away is essential. If you feel the offer simply is not good enough to take, in light of your other options, then you are in a good position.
When Discrimination or Other Workplace Wrongdoing Is Involved
Sometimes getting a good severance involves filing a complaint simultaneously with negotiating for a higher amount. If you have been discriminated on the basis of age, race, gender, disability or other bases, you can file a complaint with the Commission on Human Rights and Opportunities. If your company has violated your rights under the Family and Medical Leave Act, federal or state, you can file a complaint with the U.S. Department of Labor or the Connecticut Department of Labor, respectively.
We can help you with asserting your rights in those actions.
Sometimes an employee discovers wrongdoing at the workplace. Maybe the employer is looking the other way, and the employee who later gets terminated, gets terminated because the employee opposed the wrongdoing. That too may give you negotiation power in a severance situation. These are complex situations. Sometimes employees have enough to make the case, sometimes they don’t. Often however they have enough to suspect that their opposition to the wrongdoing played a role. It often takes a legal eye to determine how weak or strong the case is that an employee can make. We are happy to do that analysis, working with you to determine how weak or strong your situation is. While we do not have a crystal ball, we can tell you things to consider in the route you are thinking of taking.
Timing Can Help
Whether you are still employed or just receiving a severance agreement and offer, we can help. The sooner you act, the better. We pride ourselves in being responsive and acting quickly on your behalf.
At a stressful time, whether working in an environment that is discriminatory and hostile, or having been terminated and offered a severance, it is important to have counsel who understands the challenge and stresses involved. We pride ourselves on caring for employees in these situations. We are plaintiff’s-side only, meaning we do not represent employers. Whether you are facing discrimination or other wrongdoing, we would love to hear from you to see if we can assist.
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