Typically, employees are not entitled to a severance package by law. A severance package is usually negotiated between you and your employer. When crafted properly, a severance package provides important benefits to both parties: the employee gets financial compensation and the employer gets certain legal protections.
At The Garner Firm, Philadelphia severance benefits attorney Adam H. Garner has extensive experience drafting, negotiating and litigating severance agreements. If you have any questions or concerns about your severance benefits or your severance agreement, please contact Mr. Garner today to schedule a free consultation.
Employees do not generally have an automatic right to receive severance benefits. Neither federal laws, nor most state laws require employers to offer severance pay to any class of worker. Instead, severance benefits are offered by employers as part of a voluntary agreement with a departing worker. Sometimes severance benefits are part of an established severance benefits plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), while other times severance benefits are offered to individual employees on a case-by-case basis. Of course, this raises an important question: what is in it for the company? If your intuition says that your employer would not give severance benefits away for nothing, you are generally correct.
Most employers offer severance benefits to get something in return from the soon-to-be former employee. Most frequently, employers will look to receive release of claims that essentially requires the departing employee to agree that they will not file a lawsuit against the company. In other cases, the employer may want to offer severance pay in exchange for confidentiality or for an agreement not to disparage the company.
You should remember that the term “severance benefits” works in both directions. The benefits are not just for the worker. All parties to the agreement are obtaining a benefit. As severance benefits are also offered for the benefit of the employer, it is imperative that employees know exactly what they are worth so that they are able to get a fair deal. Before agreeing to accept severance benefits in exchange for something, you should know:
Should any type of dispute over your severance benefits arise, you should contact an experienced employment law attorney as soon as possible.
If you are having any trouble getting the full severance benefits that are owed to you, or negotiating a severance agreement, our employment law attorney can help. At The Garner Firm, we have extensive experience handling severance benefits cases. To get immediate assistance, please call us today at (215) 645-5955 to request your free legal consultation.
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Throughout my relationship with The Garner Firm, there was never a time that I felt uninformed where my case stood. Attorney Adam Garner focuses on making sure his clients are well informed throughout their legal battle. I can reassure any prospective clients that Adam will maximize all his resources and fight to the MAX in order you’re reasonably compensated.
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Adam is extremely knowledgeable and always helped answer all of our questions we had. Very supportive in a challenging case. He understood our situation and was beyond great! He helped my family so much!
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I would highly recommend Adam to anyone!!! He is very professional, works hard for you, and very knowledgeable. He is honest and upfront with you with any obstacles that he may face in representing you. He keeps you well informed of your case and responds promptly to any questions or concerns you may have. He does a Stellar job!!!
From the initial phone call for assistance to the end of the case Adam and The Garner Firm was an absolute blessing to me and my family. He presented genuine concern and professionalism throughout the process. Where as other attorneys see’s a client as a client Adam fights for a client like were and individual who’s rights have been violated. I’m very grateful for his help through a very rough time and trust that this review is sincere. Blessing to the Adam and The Garner Firm.
Adam Garner is the definition of professionalism and expertise. He is currently handling my case, which turned out to be more difficult than expected, and is getting positive results. I would highly recommend Mr. Garner to anyone with a disability and/or workplace issue.
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