Career Tips

Laid off, need severance reviewed


Hi.  I was laid off last week, and handed a severance agreement to review and sign.  Since this came from the employer, I think it' s in my best interest to have someone review it.  Do you have any suggestions where to look, where to find further information? 

Thanks in advance for your help!

Depends upon your position and what the content of the agreement are.  Generally these are fairly simple agreements that you won't sue, you won't give away competitive secrets.  It will also generally cover any "benefits" that are due to you, what your final pay check will be, whether you are eligable for rehire. 

If you are really lookng for a review beyond this your best option is to pay a attorney who specializes in employment law.

I second the recommendation to consult with an employment law attorney, especially because I work for employment and labor law attorneys and they will give you the best advice on the subject.

Someone should review it.  Along with the other things listed, it might bar you from certain types of employment for a period of time and provide penalties if you violate that agreement.

Before you pay for a review, is there anything in it for you?  Unless there' s some severance pay involved, I' d tell them they have to pay for me to have it reviewed. 

Penguin lover, thank you.  Do you know where I might search for a lawyer who will do a consult for free?  I was recommended by my local bar association to talk to one specific lawyer, however, I really cannot afford the fees at $150/hour.  Thanks in advance for your help. 

It' s hard to say because some firms have free consultations and others do not.  Find a number of employment and labor law attorneys in your area and call them and ask about a free consultation.  I would imagine you will come across one that way. 

Unless you are planning a lawsuit or disputing the offer then it is highly unlikely that you will find anyone to do a free consult. 

Attorneys are in business to provide special services for which they get paid. 

Generally these are fairly simple agreements that you won' t sue, you won' t give away competitive secrets.

I respectfully disagree.  In my experience the no-competitive-secrets business is in your hiring agreement (not necessarily contract per se) and likely won' t appear in the release/confidentiality agreement you have to sign on your way out to get severance.

Note that if you already have a severance agreement in place, they can' t make you sign something else later on.  It' s a ploy to get you to sign the release.  If you haven' t already signed a severance agreement, you might be SOL and have to sign the release in order to get it.

You can always sign it with the words "under protest", which means you' re not agreeing to the adverse portions but you' re still "signing" because you need to to get your money.

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