If your employment in New Jersey has been terminated, you may be faced with the decision about whether to accept a severance package. New Jersey law does not mandate that employers provide severance pay unless stipulated by a collective bargaining agreement or employment contract. However, many companies voluntarily offer severance packages to terminated employees.
Understanding the laws, policies, or contractual obligations that might affect the severance you are owed is essential. The New Jersey WARN Act, for example, requires certain employers to provide severance pay in cases of mass layoffs or plant closures. Additionally, if your employment contract or company policies include severance terms, those provisions will govern what you may be entitled to receive.
It’s important to carefully review any severance package offered, as it often includes a general release of all claims against the company. Knowing what rights you are giving up is paramount. By accepting the severance, you may be waiving your right to pursue any legal action related to your employment, such as claims for wrongful termination, discrimination, or unpaid wages. The severance agreement might also impose ongoing restrictions, such as non-solicitation agreements or confidentiality requirements. These restrictions can significantly impact your future employment opportunities and professional relationships. Also, certain restrictions may be illegal, such as non-compete agreements, which have been banned by federal government regulations.
This is where a skilled New Jersey employment attorney can be invaluable. An experienced lawyer can help you understand the implications of the severance agreement and negotiate more favorable terms. They can work to modify or remove objectionable or potentially illegal provisions, ensuring that the agreement is fair and just. Factors such as your length of service, your role within the company and the circumstances of your termination can all influence the negotiation process. A lawyer may be able to leverage these factors to seek a better severance package on your behalf.
Navigating the complexities of severance packages requires careful consideration and legal expertise. Deutsch Atkins & Kleinfeldt, P.C. in Hackensack, New Jersey has vast experience negotiating and litigating severance packages and other aspects of employee compensation. To schedule a consultation, call 551-245-8894 or contact us online.
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 his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation 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 his clients, including a $525,000 jury verdict in a sexual…
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), the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
