Separation Agreement Review and Negotiation
Frequently, when an employee separates from employment, voluntarily or involuntarily, the employer will offer the employee a Separation Agreement (also commonly called a Severance Agreement). Typical Separation Agreements offer the employee payment in return for the employee agreeing to give up (release or waive) certain legal rights, including the right to sue the employer. However, the employer's initial offer may not be sufficient compensation if the employee has viable legal claims. We review and, in many cases, negotiate Separation Agreements to ensure that they are worthwhile for the separating employee.
A non-compete or non-solicitation provision is often incorporated into a severance offer or employment contract and prohibits employees from engaging in certain activities, or taking certain jobs after the employment relationship ends with the current employer. We review such provisions when an employee is leaving their current position and has been offered a severance. Certain provisions concerning non-compete and non-disparagement have recently been held by the National Labor Relations Board to be unlawful restrictions on employee rights under Section 7 of the NLRA. See Labor Law and Collective Action