Separation Agreement - Severance Contract - RedundancyGolden Parachute
Located in Fort Lauderdale, our severance agreement law firm Donna M. Ballman, P.A. represents employees throughout South Florida in employment termination and severance package issues. Our firm features prominent severance law attorney, Donna Ballman. Ms. Ballman has lectured extensively and written numerous publications on employment law, including issues with severance contracts. She was also featured on Sky Radio -- Forbes’ “America’s Most Influential Women” radio program, and in the Daily Business Review's Labor & Employment Roundtable on the issues of severance and non-compete agreements.Severance Agreement Overview
- Severance Contract
- Termination Agreement
- Redundancy Agreement
- Golden Parachute
- Severance Agreement
- Separation Agreement
- Made Redundant
Employees: Severance Agreements – What to Think About Before You Sign One, and Why You Might be Able to Get One Even if it Isn’t Offered
When we represent terminated employees, many of them have been presented with severance agreements that they ask me to review for them. Many more have not been offered severance, but may be able to receive it if they know how to ask. What should you do if you’ve been fired, laid off, or made redundant, before you sign a severance agreement? And what should you do if severance is not offered? Read MoreWhat Might Give You Leverage to Negotiate Better Severance
If you have potential legal claims you could bring against your employer, those claims might give you leverage to negotiate a better severance package than the one offered, or to persuade your employer to offer a severance package. Negotiating is tricky, so it’s best to hire an experienced severance attorney.
These are just some of the potential claims against your employer that might give your attorney leverage to negotiate with them:
- Race, national origin or other discrimination
- Age discrimination
- Pregnancy, gender, family responsibilities discrimination
- Sexual harassment
- Whistleblower retaliation
- Unenforceable noncompete agreement
- Employment defamation
- Breach of your employment agreement
- Wage theft/unpaid wages
- Termination for objecting to or discussing working conditions with coworkers
- Other illegal termination
To make a severance contract enforceable, the employer must offer the employee something more than he or she would ordinarily receive in the normal course of business—such as the so-called golden parachute. There needs to be something in addition to the compensation normally received by employees upon separation from employment—accumulated vacation pay, unused sick pay, etc. Without some benefit added, the release the employer gets in the severance agreement is unenforceable, and the employer no longer has the ability to require the former employer to abide by his or her obligations under the contract. Quite often this employee requirement is a non-compete agreement. If the employer has not designed an enforceable severance contract by including unique benefits, the non-compete clause in the severance contract may not be enforceable. To discuss the negotiation of an enforceable severance package, contact a skilled Florida severance agreement attorney at Donna M. Ballman, P.A..Negotiating Severance Agreements
It is important to consult with an experienced employment law attorney when negotiating severance agreements. With layoffs, mergers and acquisitions forcing executives, managers and employees out of their jobs, hiring a competent employment lawyer to review and negotiate severance agreements is key. Most employers want to avoid potential discrimination, whistleblower, and other employment law claims. Offering an attractive severance package or golden parachute is one way employers can avoid these claims.This area of employment law is constantly changing, which makes it essential to discuss drafting a severance agreement with a skilled employment lawyer. To schedule an appointment with a Florida employment law attorney, contact Donna M. Ballman, P.A.Articles
As an experienced Fort Lauderdale severance contract attorney, Donna Ballman understands the nuances in negotiating and an enforceable severance package on behalf of business executives, physicians, managers, and employees. The laws governing severance agreements are frequently changing. That is one reason why an experienced Florida severance contract attorney should be engaged.
If you are an employee, you want an experienced severance contract attorney who is also trained in the art of negotiations. Donna M. Ballman, P.A. has over 25 years of experience negotiating severance agreements and severance packages on behalf of employees. We can advise you on how to get the most leverage from a given situation, and utilize that leverage to negotiate a more favorable severance agreement.
For further information on severance contract laws, or to speak with an experienced Fort Lauderdale severance contract attorney, please contact us by e-mailing us or by using this form. If you are an employee who wants representation in negotiating a severance contract, we can help. When it comes to severance contracts, experience DOES matter.
For more information on severance agreements, non-Compete contracts or breach of contract, please visit Employment Agreements.