Handling a severance agreement can be complicated, especially if you don’t know your rights or what payment you should be getting. Whether you are negotiating a severance package or having a dispute with your employer, a Boston severance lawyer from Duddy, Goodwin & Pollard can help you.
Our Boston labor employment lawyer can review your situation and give you straightforward advice on what to expect when it concerns the scope of your agreement and what you stand to receive. Call us today to discuss your potential case during a free consultation. We fight to ensure those from all walks of life are treated fairly.
What Is a Severance Agreement?
A severance agreement is a contract between you and your employer that outlines the pay and benefits you receive when you leave the company. It may include money, continued health insurance, or other perks.
In exchange, you may have to agree to certain terms, like not suing your employer or not working for a competitor. Below are a few things to keep in mind about a severance agreement:
- Know your rights: Your rights under state and federal law might protect you from unfair practices or give you grounds to challenge certain terms.
- You don’t have to sign a severance agreement immediately: You usually have time to review the agreement before signing. Don’t rush into it without understanding the terms. Severance agreements can be negotiable.
- Be aware of restrictive clauses: Some agreements include non-compete or non-disclosure clauses that could limit your future job opportunities.
For a free legal consultation with a severance lawyer serving Boston, call (860) 999-9394
How Our Boston Severance Lawyers Can Help
A Boston labor and employment lawyer from our firm provides clients with support in several key areas in severance cases, including:
- Reviewing the severance agreement: We will make sure the deal is fair and aligns with your rights. This includes checking for any hidden terms or conditions that might harm you or reduce the compensation or benefits you receive.
- Negotiating better terms: If we find the offered severance package unfair, we can negotiate. This may mean asking your employer to increase the compensation, extend benefits, or remove restrictive clauses that affect your future.
- Protecting your rights: Sometimes, employers pressure employees into accepting unfair agreements or try to avoid paying what they owe. Our team will uphold your rights and work to ensure your employer follows all legal requirements.
- Handling disputes: If a disagreement arises during the severance process, your lawyer can help resolve it through negotiation, mediation, or legal action if necessary.
- Providing guidance and peace of mind: Our severance lawyer in Boston, MA, can answer your questions and guide you through the process. We want you to feel confident that you are making informed decisions for your future.
We can meet with you during a free consultation, develop a strategy for your case, and recover the proper compensation for you. We are ready to get to work. Call us today.
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What Is ERISA, and How Can It Affect a Severance Agreement?
The Employee Retirement Income Security Act (ERISA) sets standards for employee benefit plans. While the federal law mainly focuses on retirement and health benefits, it also applies to severance plans that are structured as ongoing programs rather than one-time payments.
If ERISA applies to your severance agreement, this can determine your rights and protections. If your plan falls under ERISA, your employer must follow specific guidelines for administering it, including providing clear documentation and maintaining consistent practices.
ERISA also gives you the right to access plan documents and requires that you receive detailed explanations of any denied benefits. You also must receive an opportunity to appeal the decision.
ERISA Protections Are In Place If Disputes Over Severance Pay Arises
Additionally, ERISA provides legal protections that could help if there’s a dispute over your severance benefits. Under ERISA, you have the right to:
- Challenge denials: You can formally appeal if your employer denies your severance benefits. This process ensures you can contest unfair decisions.
- Ensure transparency: Your employer must give you clear information about your severance plan, including how it calculates benefits and when they should be paid. This transparency can help identify any issues or discrepancies in your severance package.
- Seek legal recourse: If you appeal and your employer still won’t provide severance benefits, you can take legal action under ERISA to recover benefits.
- Hold employers accountable: ERISA enforces fiduciary duties on employers, so they must act in your best interests when administering severance plans. If they fail to do so, our ERISA attorney in Boston, MA, can take action under the law to correct this.
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ERISA Also Shields Boston Workers From Employer Retaliation
Your employer cannot legally fire you, demote you, reduce your pay, or take any other negative action simply because you are pursuing your rights under an ERISA-covered severance plan.
Retaliation from an employer can come in many forms, including intimidation, harassment, or creating a hostile work environment. If you experience any retaliatory actions after asserting your ERISA rights, you have the legal grounds to take action.
Our Boston workplace retaliation lawyer can help you document the retaliation and pursue remedies, which can include:
- Reinstatement
- Compensation for lost income and benefits
- Penalties against your employer
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Common Questions About Severance Pay Agreements in Boston
Below are common questions people ask when they’re navigating the severance process, along with answers to help you understand your rights and options.
How Do I Know My Severance Agreement Is Fair?
Our severance attorney in Boston, MA, can review your agreement to see if the terms are reasonable and in your best interest. They can also spot any unfair conditions that might limit your rights, like clauses that prevent you from speaking out about the company.
Can I Negotiate My Severance Package?
Yes, in many cases, you can negotiate your severance package. Duddy, Goodwin & Pollard can help you understand what’s fair and will negotiate better terms for you, such as more money or extended benefits.
What Should I Do if My Employer Refuses to Pay My Severance?
If your employer will not pay your severance, you can pursue possible legal options with our team. Make sure you document what happened and have supporting evidence for your claims. This can help us build your case. We can review your situation and take the next steps.
Can I Get Severance Pay if I Was Fired From My Job in Boston?
Whether you can get severance depends on your employment contract and the circumstances of your termination. We can review your situation and determine if you can receive severance, even if you were fired.
Call Us Today for Help From Our Boston Severance Lawyers
If you are reviewing a severance agreement from a Boston-area employer, don’t leave your future to chance. The Boston severance lawyers at Duddy, Goodwin & Pollard understand the complexities of severance packages and will protect your interests.
Whether you’re dealing with a tough negotiation, an unfair offer, or want a professional review, we’re ready to help. Call us today for a free consultation to discuss your situation and learn how we can support you and keep your case on track.
Call or text (860) 999-9394 or complete a Free Case Evaluation form