Kansas City Severance Lawyer

One of the most precarious situations you can be in is unemployment. While many people wait until they have secured employment elsewhere before leaving a job, not everyone has the luxury. Some employees have their employment terminated involuntarily or are forced to leave their position suddenly without having anything lined up afterward. Fortunately, many employers offer their employees severance packages.

When starting a new job, most candidates have to pluck up the courage to negotiate the benefits they’ll receive while employed. It rarely occurs to them to ask about the company’s severance package or negotiate their severance pay. You don’t want to accept an inadequate severance agreement. Consider discussing your severance agreement with a severance lawyer.

What Does a Severance Package Entail?

A severance package is a combination of pay and benefits that employees may be entitled to when they leave a company involuntarily, such as in the case of a layoff. Signing a severance agreement is required before receiving a severance package. Most employers provide a severance agreement that spells out the financial terms of the employee’s departure. 

Severance pay is usually calculated based on the employee’s length of employment before termination and may include compensation for unused vacation and sick days as well as unpaid business expenses. Life insurance, disability insurance, and the use of company property are examples of ongoing benefits that may be offered or negotiated. Companies may also provide outplacement services to aid the former employee in finding new employment.

What Benefits Are Included in Severance Packages in Kansas City?

Though employers are not usually obligated by law to provide severance pay when they terminate employees, they may elect to offer severance packages for many reasons, such as protecting their reputation or preventing legal action. Severance packages can provide a variety of benefits, including:

• • Health Benefits: The employer may offer access to their health insurance plan for a specified period after termination.
  • Career Transition Services: Assistance with finding a new job or the ability to take time off to apply or interview for new positions.
  • References: An agreement on what information will be shared with potential employers.
  • Pay: A set amount paid to the employee depending on their years of service or position.
  • Uncontested Unemployment Benefits: An employer may agree not to challenge an exiting employee’s application for unemployment benefits.
  • Other: Benefits specific to the individual employee’s situation, such as loan forgiveness or the transfer of company property to the employee.

  Again, not all of these will apply to your situation or are guaranteed in any way. Speak with a severance lawyer if you are concerned you are not getting the benefits you deserve.

  Why Should I Get a Severance Agreement Review?

  The Fair Labor Standards Act (FLSA) does not require employers to provide severance pay. Instead, severance pay is based on an agreement between an employer and an employee. Negotiating your severance agreement can help you relieve some of the stress of transitioning to a new job. However, money shouldn’t be the only thing you’re concerned about in your package. There are other advantages and limitations that can be present in a severance agreement.

  A severance agreement attorney can examine the circumstances surrounding your departure from your firm to determine whether you have any legal rights that could allow you to request better benefits. A knowledgeable severance lawyer would be able to catch the following conditions in your severance agreement:

  • You may be entitled to severance pay without signing a severance agreement.
  • You may be waiving certain rights by signing.
  • You may be limited in pursuing future claims against your employer.
  • You may not be able to publicly make any disparaging remarks about the company, even on social media.
  • It may not include reimbursement for outstanding business expenses that your employer owes you.
  • It may prohibit you from talking about your benefits, or else you’ll risk forfeiture of those benefits.
  • It may contain non-compete restrictions that prevent you from working certain jobs after you leave. 

  Without any guidance, these conditions can be perplexing, but they could have a significant impact on your career moving forward. An employment attorney should review any severance agreement with clauses like these.