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Severance Negotiation

New York Severance Agreement Review and Negotiation

A severance agreement may offer compensation or benefits in exchange for promises by the employee, often including a release of claims. You don’t have to evaluate the offer alone. A severance lawyer can explain the language, identify practical concerns, and help you decide how to respond.

If you’re concerned about a workplace decision or document, preserve the relevant records and seek advice promptly. Procedures and deadlines can vary.

What terms should you review?

Look beyond the payment amount. Review when payment is due, benefits, accrued compensation, references, confidentiality, non-disparagement, cooperation, return of property, restrictive covenants, tax language, and the scope of any release. Also note the deadline and any stated cancellation period.

Can a severance offer be negotiated?

Some offers may be negotiable, but leverage and priorities vary. Possible discussion points include compensation, payment timing, benefits, reference language, restrictions, or clarification of obligations. A severance agreement lawyer can help separate essential issues from lower-priority requests.

What should you gather before a review?

Collect the proposed agreement, employment offer, compensation plans, relevant policies, recent reviews, and separation communications. Don’t edit the original offer, and avoid signing until you understand the terms.

How Fitapelli & Schaffer LLP can help

If you need a lawyer to negotiate severance, Fitapelli & Schaffer LLP can review the agreement, discuss your goals, and communicate with the employer when appropriate. Contact the firm for a confidential consultation.

This page provides general information, not legal advice. Reading it or contacting the firm doesn’t create an attorney-client relationship. Prior results don’t guarantee a similar outcome.

FREQUENTLY ASKED QUESTIONS ABOUT Severance Negotiation


Do I have to sign a severance agreement?

An offer is generally a choice, but declining it may mean giving up the offered benefits. Review the actual terms before deciding.

Is the first severance offer final?

Not always. Whether negotiation is realistic depends on the employer, circumstances, agreement, and the employee’s priorities.

What does a release of claims mean?

It usually asks the employee to give up certain existing claims. Read the scope and exceptions carefully.

Can a severance agreement restrict future work?

It may contain provisions affecting competition, solicitation, confidentiality, or use of information. Their effect depends on the wording and applicable law.

Should I wait until the deadline to get advice?

No. Prompt review leaves more time to understand the offer, gather records, and consider a response.

CONTACT FITAPELLI & SCHAFFER LLP


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