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Protecting Your Rights and Maximizing the Compensation in Your Severance Package

Because the economy continues to grow at a tepid rate, many employers are engaging in extensive layoffs. Amid this wave of terminations, most downsized executives will be offered severance packages. These severance packages come with agreements that require you to waive certain rights and legal claims against your employer.

Many severance packages are offered because an executive has legitimate claims or leverage against the company. While you may be presented with a form-type severance contract, this does not mean that you cannot use certain advantages to negotiate a better severance package.

If you are going to attempt to negotiate a superior compensation package, you should retain an experienced employment law attorney before beginning negotiations. When direct negotiations break down, your employer may be less inclined to negotiate with you, leaving litigation as your only option. If you have legal representation from the beginning of the negotiation, we can help avoid letting negotiations deteriorate to this point.

Risks of signing a severance agreement without legal counsel

Anytime you are considering executing a severance agreement, it is important to have the terms carefully reviewed by an experienced employment contract attorney. The terms can be confusing and ambiguous because the severance contract will entail you waiving all legal claims against your employer, including future claims and even those claims that you have no idea existed at the time of executing the agreement.

Another reason it is important to seek legal counsel promptly is that deadlines typically apply when executing a severance agreement. However, an employee over the age of 40 has 21 days to execute a severance agreement.

Our Bergen County employment agreement attorneys carefully evaluate severance agreements paragraph by paragraph, and explain our clients’ legal issues and rights, as well as practical considerations. We can also analyze the factual and legal issues involved in your termination to identify potential employment law claims that you may be entitled to pursue. We also evaluate compensation and benefits issues along with potential limitations imposed by covenants not to compete.

Neil H. Deutsch On G+

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Retired

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

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Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict…

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Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination,…

Debra M. McGarvey Attorney Photo
Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA),…

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    5.0/5.0

    I am extremely satisfied with my experience with Duetsch Atkins & Kleinfeldt law firm. Diane Peyser was always attentive with any questions or concerns I had during my case. I always felt like I was her number one priority when I needed her during t...

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    megan verrico

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    5.0/5.0

    I am grateful to Bruce and his firm for his professionalism and guidance. His experience and calm demeanor really helped me through a tough case. He settled it very quickly which allowed me to put it behind me and move on. I highly recommend Bruce.

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    T Cates

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    5.0/5.0

    Having been a litigation attorney myself, I've seen it all from the "inside". I know that far too many lawyers care only about profit and have very little interest in the actual law or their clients. So I was very careful in selecting an attorney t...

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    5.0/5.0

    Mr. Kleinfeldt and the law firm were simply excellent in their service. They were easy to reach, attentive, professional, prompt, and hospitable. I felt they were truly in my corner. My matter was resolved expeditiously and to my satisfaction. It...

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    Mike Baycora

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    5.0/5.0

    Thrilled with our experience with the firm. It was a challenging case for sure, and Adam worked tirelessly to ensure we came out on top. His knowledge of the law and the "system" is first rate. I was prepared to walk away on a few occasions when t...

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    Alex Cauchon

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