Philadelphia Severance Agreement Lawyers

Severance Agreements and Their Broad Significance

A severance agreement, also called a separation agreement or termination agreement, specifies the terms of your employment termination. The Agreement will set forth the amount of severance pay and the manner in which it will be paid. In addition to your obligations, the Agreement will outline provisions relating to vacation pay, COBRA and other benefits you may be entitled to receive. It is customary for the Agreement to include confidentiality and non-disparagement provisions, as well as other restrictions upon your conduct following the termination, such as restrictive covenants and non-compete clauses. It will most likely also include a clause that waives your right to sue your employer, generally referred to as a release of claims. This means that you agree to forgo legal claims and release your employer from liability by signing it. In exchange, your employer will likely offer “consideration” in the form of additional severance pay.

As experienced Philadelphia employment lawyer, Sidney L. Gold and Associates are prepared to help you dissect and understand the ramifications of such provisions, with your best interests in mind. We have been reviewing and advising on severance agreements for 35 years and ensure that our clients get the best possible agreement. With our extensive employment law experience, our PA employment lawyers are able to identify the modifications necessary to protect the interests of our clients. We then negotiate into the agreements as many modifications as possible to further our clients’ interests.

Enforceability of Severance Agreements

In the absence of another agreement or contract that entitles you to receive severance pay, your employer likely has the right to require you to sign a severance agreement in order to receive monies. It’s a legal “bribe” of sorts, which will help your employer avoid enforceability problems. However, your employer may not coerce you into signing a severance agreement, such as by threatening to withhold wages and other pay that you’ve already earned.

Severance agreements are generally enforceable, if they:

  • Are reasonable in scope when waiving employee rights to sue;
  • Don’t violate laws, such as discrimination laws;
  • Are supported by consideration other than that already earned; and
  • Were knowingly and voluntarily signed, with a reasonable amount of time to first consider the consequences and consult a lawyer.

Many employees quickly sign severance agreements just to receive the monies without truly understanding that they’ve signed legally-binding contracts that waived some of their most significant employee rights. To avoid enforceability problems, your employer must give you a reasonable amount of time to sign, so that you may consult with a lawyer. In fact, your employer must give you at least 21 days to consult an attorney, if signing waives your rights under the Age Discrimination in Employment Act.

Before signing a severance agreement, call Sidney L. Gold and Associates. Schedule an appointment with one of our qualified New Jersey employment lawyers as soon as possible, as there may be time limits on signing and accepting an agreement. Our firm will review it for any opportunities to strengthen the agreement in your favor. The first severance agreement your employer presents may not be their best offer.

Severance Agreements and Discriminatory Practices

As experienced employment discrimination lawyers, our firm is uniquely qualified to review severance agreements for compliance with the federal and state anti-discrimination laws. When we meet with you, we will gather all the information on your terms of employment and the conditions of your termination. We will then analyze the offer and circumstances to see whether you have been the victim of discriminatory practices. For example, sometimes a Reduction in Force (RIF) is used as an excuse to hide a discrimination case. Our NJ employment lawyers examine the circumstances around the force reduction to ensure you are not being lumped in with others for the wrong reasons. It is legal to be released because of business reasons in a RIF, but not for discriminatory practices.

Make sure you are leaving for the right reasons and on your best possible terms.

Call the Pennsylvania and New Jersey Employment Lawyers at Sidney L. Gold & Associates

The Philadelphia employment lawyers of  Sidney L. Gold & Associates, review severance agreements for employees in Pennsylvania and New Jersey. When you are presented with a severance agreement, be sure to call our employment law firm as soon as possible at 215-569-1999 to speak with a dedicated PA employment lawyer or contact us online. We will negotiate the best terms for you and protect your rights under the law.

Sidney L. Gold SuperLawyer 16 years
Top Rated Lawyers Legal Leaders
american-registry-2017
ASLA 2019 badge
ATA Lifetime
BBB Rating
Best Lawyers Award Badge
Best Lawyers Award Badge
Institute Visionary Circle Badge
Best Employment lawyers in Philadelphia
2019 American Trail Lawyers badge
Lead Counsel Rated
life time achievement
million dollar advocates badge
AV Peer Review Rated
Philly Happening
Top one badge
martindale hubbell 2019
super lawyers badge
Gold American Registry 2020
© 2020 Sidney L. Gold and Associates, P.C. All rights reserved. [ Site Map | Privacy Policy ]

Attorney Advertising Materials. Sidney L. Gold is responsible for the content of this website. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

* The awards and accolades displayed on this website were issued to the attorneys, or the entire law firm by the respective providers of these honors. They are as follows, Avvo Inc., Super Lawyers®, Martindale Hubbell Peer Review Rated, ASLA 2019 Top 100 Lawyers, Million Dollar Advocates Forum, Legal Leaders Top Rated Lawyers 2018, Bar Register Preeminent Lawyer 2019, Happening List Winner 2019, BBB Accredited Business, National Association of Distinguished Counsel Top 1 Percent 2017, America's Top 100 Attorneys, The Employee Rights Advocacy Institute for law and policy 2017-2018, Best Lawyers 2019, Lead Counsel Rated, Top Employment Lawyers in Philadelphia, Association of American Trial Lawyers Top 100 in 2019 and Martindale Hubbell Client Champion Silver 2019. No aspect of these advertisements have been approved by the Supreme Court of New Jersey.

A Message to Our Customers About Coronavirus COVID-19:
PLEASE READ »

A Message to Our Clients About Coronavirus COVID-19:

At Sidney L. Gold & Associates, P.C. we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy.

Currently, our business will remain open to serve your needs.

We are happy to arrange for phone or video consultations should you have any concerns about keeping your scheduled appointments with us. We are also able to exchange documents via secure drives or email.

Should you have any concerns regarding an upcoming meeting with us, please contact us online or call 215-569-1999.

We are continuing to fight on behalf of our clients and that we are all able to handle things even if mandated by the government that we work remotely.

Thank you and take care.