To sign or not to sign—that is the question that confronts every employee facing the final act of their employment. Whether ’tis nobler in the mind to accept the severance offered and, with it, the loss of potential claims, or to take arms against the uncertainties of the future, and by opposing, safeguard one’s rights. To sign is to end the present conflict, but in that final act, what future opportunities might be lost? There lies the rub—for in surrendering to the terms of the severance, one might give up claims of wrongful termination, discrimination, or wage disputes. Thus, before sealing your fate with pen and ink, consider whether it is wiser to pause, seek counsel, and ensure that by signing, you are not forfeiting more than you gain.
One of the many issues brought up from clients when reaching out is whether they should have signed the Severance Agreement provided by their former employer. Severance agreements are simply a type of contract that binds the employee to the employer by way of a compromise that both protects the employer as well as can benefit the employee. These agreements are typically only offered for a limited period and only come with a small window for revocation, making them extremely time sensitive.
In most scenarios, these agreements provide the employee with some form of compensation whether that be the continuation of job benefits or a sum of money to be paid out in time. However, the agreement also protects the employer by forcing the employee to give up their future rights to suit by accepting the offer. Simply put, if you were to sign a severance agreement, you would most likely be signing away your rights to a future suit against that employer dealing with anything arising out of the current situation.
When presented with a severance agreement, it’s important to recognize the broad scope of claims that could be forfeited, including but not limited to, potential wrongful termination. By agreeing to the terms, you may be relinquishing your right to pursue claims of discrimination based on race/color, gender, gender identity, sexual orientation, national origin, religion, disability, or age, as well as claims related to sexual harassment. You may be forfieting claims for wage disputes, such as unpaid overtime or improper classification resulting in the failure to pay you minimum wage. Your employer may offer you an agreement to block you from returning from FMLA leave or to stop you from suing for workers’ compensation retaliation.These types of claims can often have substantial legal and financial implications, and signing away your rights without fully understanding the potential value of these claims could result in losing the opportunity for rightful compensation. Therefore, it is crucial to consult with an attorney to carefully evaluate the agreement in light of your specific circumstances before making any decisionsand .
Signing away your rights is a serious matter, and it is advised that you consult with an attorney before agreeing to this type of contract. If you unfortunately have already signed a severance agreement before contacting Spitz, all is not lost as these agreements typically come with a “revocation period.” This time frame is typically ont to two weeks after the initial signing of the agreement, during which you are able to void the agreement if your mind has changed after signing. Of course, this would mean that any funds or benefits incurred/promised to you will be forfeit after revoking the agreement.
Severance agreements can however be used as a guideline for future settlements and are therefore always relevant to your claims. Things that are bargained for in these agreements are sometimes used in the final settlement, i.e. when an employer promises to continue health insurance through the calendar year or for a specific percentage of an employee salary.
The reason why our employee’s rights attorneys’ urge our clients not to sign these documents before contacting an attorney is that on many occasions, they are not able to see the true value of their case due to the timing of the agreement. When contacting Spitz, our employment discrimination lawyers diagnose the relevant issues in your claim to provide you with an idea of what your case could potentially look like, as well as the monetary burden it might incur.
There will be instances in which employers offer the bare minimum in an attempt to scare away the former employee by insisting they sign immediately and in front of the employer. This is nothing more than an intimidation tactic and is usually only implemented when the employer is trying to do away with the possibility for future and potentially more valuable claims.
For example, an employer may entice you with a set amount of money in a severance agreement because they know you are in a vulnerable position and are more likely to accept immediate compensation than you are to take the chance at speaking with legal counsel. While the immediate benefits may help alleviate a burden, there is a high likelihood that by waiting and bringing future claims there could be a higher settlement value. This fact is why many employers are willing to offer these types of agreements because it secures their safety without giving up much ground.
In even more sinister cases, employers will enclose you in a break room or private office and inform you that you are required to sign the document in front of them, and if you refuse to sign, that you would forfeit all future benefits of the company. If this has happened to you, do not worry as agreements such as these made under duress or the threat of force, are un-enforceable even if the revocation date has passed. If this occurs, Spitz can help nullify the fraudulent agreement as well as seek compensation for said duress.
While there are examples of these agreements being fair to the employee, it is always the safer option to call Spitz for an assessment on your claims as well as a timeline of future expectations. In the end, the decision to sign a severance agreement is up to the reader, but we hope that you will chose to consult an attorney before singing any legal documents, especially ones that could potentially sign away your rights to your claim.
Best Employment Discrimination Lawyer Blogs on Point:
- Can My Employer Make Me Sign a Severance Agreement Agreeing Not to Talk to Coworkers?
- What To Know About Severance Agreements
- Can I Be Forced To Sign A Severance Agreement?
- Top Employment Lawyer Reply: Should I Get My Severance Agreement Reviewed Before I Sign?
How do I get help reviewing my severance agreement?
Spitz is the right firm to review a severance agreement because of its extensive experience and specialized expertise in employment law. The firm has a strong track record of successfully advocating for employee rights in cases involving wrongful termination, discrimination, harassment, and wage disputes. When it comes to severance agreements, Spitz understands the nuances and potential pitfalls that employees might overlook. The firm’s attorneys are dedicated to ensuring that you fully understand the implications of the agreement, including any rights you may be giving up, and will work to secure the best possible outcome for your situation.
Moreover, Spitz’s commitment to personalized service means that your case will receive the careful attention it deserves. The firm’s lawyers are skilled negotiators who know how to identify unfair terms and leverage their expertise to negotiate better terms on your behalf. By choosing Spitz, you’re not just getting legal advice—you’re gaining a dedicated advocate who will fight to protect your rights and ensure that you receive the compensation and benefits you deserve.
Best Employee’s Rights Attorney Blogs on Point:
- Google Is Not A Substitute For Talking With An Employment Lawyer
- Why You Need A Lawyer Before Filing With The EEOC
- More Problems If You Hire A Bad Employment Lawyer
- Spitz Lawyers Win $1.33 Million Verdict
Disclaimer
The information provided in this document is intended for general informational purposes only and should not be considered legal advice. The topics discussed, including wrongful termination, discrimination, harassment, and other potential violations of an employee’s rights, are complex legal matters. It is crucial to consult with a qualified attorney or lawyer to get the best possible guidance tailored to your specific situation. This document does not substitute for professional legal counsel, and you should not make decisions based on its content without first seeking advice from a lawyer or law firm. The use of this document does not establish an attorney-client relationship, and the author’s law firm disclaims any liability for actions taken based on this information.