Practice Areas Washington, D.C. Employment Law Washington, D.C. Severance Agreements

Washington, D.C. Severance Agreement Attorney Representing Current and Former Employees

If you have been offered a severance agreement by your employer, it will be important for you to make an informed decision about when (and if) to sign on the dotted line. While signing a severance agreement can have benefits for employees, it can also come with undesirable consequences. Employees can negotiate the terms of their severance agreements in many cases as well, and a Washington, D.C. severance agreement attorney can help ensure that you do not unknowingly leave money or other benefits on the table.

If you are facing a dispute related to your severance agreement, an experienced Washington, D.C. severance agreement attorney can help you in this scenario as well. Our attorneys are experienced in representing current and former employees in all matters related to severance agreements. Whether you have questions, you are being accused of failing to comply with your severance agreement, or you need to enforce your former employer’s obligations, our attorneys can provide the advice and representation you need.

Understanding Your Severance Agreement

In all scenarios, making informed decisions starts with ensuring that you have a clear understanding of your severance agreement. So, what do you need to know?

What Is a Severance Agreement?

A severance agreement is a contract between an employer and an employee that establishes the parties’ respective rights and obligations after their employment relationship ends. While employers may offer severance agreements for various reasons, one of the primary reasons is to secure a waiver of employees’ rights to sue for harassment, discrimination, and other unlawful employment practices. In exchange for this waiver, employers typically offer a financial payout—potentially in conjunction with an agreement to continue providing healthcare coverage and other benefits for a specified period.

Common Clauses in Severance Agreements

With this in mind, severance agreements typically contain many of the same terms. Some examples of common clauses in severance agreements include:

• A waiver of the employee’s right to sue for harassment, discrimination, and other unlawful employment practices;
• Non-disclosure obligations that protect the employer’s confidential and proprietary information;
• Non-competition and non-solicitation covenants that restrict the employee’s ability to work for competitors or start a competing business;
• Non-disparagement clauses that prohibit the employee from making unfavorable statements about the employer in person or online; and,
• The terms of any payments or ongoing benefits to be received by the employee following the termination of the parties’ employment relationship.

Again, these are just examples of some common terms. A typical severance agreement will include several other terms as well, and for employees, making an informed decision about whether to negotiate (and whether to sign) will involve working with an experienced Washington, D.C. severance agreement attorney who can provide personalized advice based on the specific circumstances at hand.

Key Considerations for Employees

While many employees understandably focus on the financial terms of their severance agreements, there are also several other key considerations. For example, for those who work in creative or technical fields, intellectual property (IP) rights could be a key issue. Likewise, if you are planning to start your own business, it may be especially important to ensure that you are not subject to any undue competitive restrictions.

There are broader key considerations as well. For example, if you have a discrimination or harassment claim against your employer, waiving your rights may not be in your best interests. Or, if you will be searching for another job, you may want to ensure that you have a written reference so that you won’t have to deal with trying to obtain one in the future. An experienced attorney will be able to help you think through all relevant considerations so that you can feel confident in your decision-making.

How Our Attorneys Can Help

With extensive experience representing employees in severance agreement negotiations and severance agreement-related disputes, our attorneys are available to assist with all relevant legal matters. We offer services including:

• Severance Agreement Review – If you simply want to ensure that you are making an informed decision, one of our attorneys can review your severance agreement and walk you through what you need to know.
• Severance Agreement Negotiation – If desired, our attorneys can assist with negotiating your severance agreement. We can either provide you with proposed revisions or negotiate directly on your behalf.
• Severance Agreement Dispute Resolution – If you are facing a dispute with your former employer related to your severance agreement, we can advise you of your legal rights and help protect your legal interests in the appropriate forum.

FAQs: What Employees Need to Know About Severance Agreements

My employer gave me a severance agreement. Am I required to sign?

No, you are not required to sign a severance agreement. Signing a severance agreement typically involves waiving your rights, and your employer cannot force you to waive your rights as an employee. To make an informed decision about whether to sign, you should consult with an experienced attorney.

Are severance agreements negotiable?

As a general rule, yes, severance agreements are negotiable. While it is up to each employer to decide whether to negotiate, most employers will consider reasonable requests for modifications. An experienced attorney can help you decide what modifications to request.

Should I hire an attorney to review my severance agreement?

If your employer has offered you a severance agreement, we strongly recommend consulting with an attorney. An experienced attorney will be able to explain the risks involved, recommend proposed revisions, and negotiate with your employer on your behalf, if desired.

Schedule a Consultation with a Washington, D.C. Severance Agreement Attorney Today

If you have questions about signing a severance agreement or resolving a dispute related to it, we invite you to get in touch. To schedule a confidential consultation with an experienced Washington, D.C. severance agreement attorney at The Law Firm of J.W. Stafford, LLC, call us at 410-514-6099 or contact us online today.