The keys to a better severance are leverage and planning. Leverage can be gained in many ways, and a good employment lawyer can help you find the leverage in your particular situation. A really good employment lawyer can then help you plan out how to turn that leverage into a better severance agreement and more money. Below are some of the ways an employment lawyer might help you:
Find your leverage
1. You can sue your employer
Everyone calls it a “severance agreement,” but the document you are signing is probably a severance agreement and release. The “and release” part of it is important. This means that you are promising not to sue your employer. Your employer is paying you for this promise because it wants to be sure you will not sue. Make sure the severance you get is worth it before giving up your potential claim. The first thing you need to do is evaluate whether or not you have a claim. If you do, you may have tremendous leverage.
2. You can play on sympathy
If you have been with your company for a while, you know the individuals making the decision to let you go. These are people, not machines. It may not always seem like it, but they do care. Use their sympathy to your advantage.. If you have been with your employer for a long time, if you have given countless hours of work and made tremendous sacrifices, let them know. Decent employers treat their people decently.
3. You may be helpful in the future
In certain instances, outgoing employees may remain useful to an employer. Perhaps you have great relationships with clients. Maybe you have inside knowledge about the industry, or your employer is going to need you to testify in a lawsuit. You most certainly don’t have to help your employer after you are let go, but perhaps you will for a price. Make them pay for your cooperation in your severance agreement.
Use your leverage
A good employment lawyer can help use your leverage. We can help you figure out if you have a potential case against your employer and help negotiate for more severance.
Usually, we will directly contact the employer for you. We are happy to negotiate for you.
However, if you are concerned that the appearance of a lawyer will scare off your employer, we can work with you behind the scenes. We can help you with negotiation strategy and will make sure you understand your agreement.. And we can do this without your employer ever knowing about it.
When you pick out an NY employment attorney, make sure they have good credentials. Make sure they answer your questions and that you like and trust them. You’ve already made it to our website, so we encourage you take a look around. No matter what you do, though, make sure you think before signing on the dotted line. You could be leaving a lot of money on the table.