Navigating Severance Agreements in New York City: Your Rights and Protections

 When faced with a severance agreement, it’s essential to understand your rights, what you are agreeing to, and the potential consequences. Severance agreements can be filled with complex legal language, which makes it crucial to consult with an experienced New York City employment lawyer before signing. At Mansell Law, we help employees understand their severance packages, negotiate for fair compensation, and protect their rights during a difficult transition period.

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What is a Severance Agreement?

A severance agreement outlines the terms of your separation from an employer, including severance pay and benefits. It’s a binding contract between you and your employer, typically offering compensation in exchange for relinquishing certain rights. In many cases, signing a severance agreement may include waiving your right to sue for discrimination, harassment, or wage violations.

Key Points to Consider in Severance Agreements:

  • Compensation: Ensure that the severance package offers compensation beyond what you’re already entitled to, such as your final paycheck and accrued but unused leave.
  • Waivers: Often, you’ll be asked to waive the right to sue your employer for issues like discrimination or harassment.
  • Review Period: Under the Older Workers Benefit Protection Act (OWBPA), employees over 40 are granted 21 days to review the agreement and 7 days to revoke it after signing.

How Severance Negotiations Work

Employers often use severance packages to protect themselves from potential lawsuits, especially if they suspect the employee may have grounds for legal action. This puts you in a strong position to negotiate for a better deal. A skilled employment lawyer can help you leverage your position to secure a fairer severance package, ensuring you are adequately compensated for your time and experience.

At Mansell Law, we have successfully negotiated severance agreements across industries in New York City, ensuring that our clients walk away with favorable outcomes. Our firm will review your package, advise you on your rights, and negotiate for improved terms.

Protecting Employees Over 40: OWBPA Protections

If you are over 40, additional protections are in place for you under the OWBPA. Employers must give you at least 21 days to consider a severance offer (or 45 days if it’s offered to a group of employees) and allow you 7 days after signing to revoke the agreement. These protections are designed to give employees time to consult with an attorney and make informed decisions. Make sure you use this time wisely to understand what you’re giving up and what you’re receiving in return.

Why You Need a Severance Review Lawyer

Signing a severance agreement without fully understanding its implications could leave you without the legal protections you need. Whether you are being laid off, resigning, or ending your employment in any other way, consulting with an experienced severance review lawyer is critical. A lawyer will ensure you receive fair compensation and help you negotiate better terms.

At Mansell Law, we help employees across New York City with severance review and negotiations. If you’ve been presented with a severance agreement, contact us at 646–921–8900 for a consultation.

Get Help With Severance Agreements in New York City

For personalized advice on severance agreements, including reviewing, negotiating, enforcing, or challenging a severance package, Mansell Law is here to help. Our experienced New York City employment lawyers are ready to protect your rights and ensure you move on in the best possible position.

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