This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Northern Virginia that specializes in federal employee, security clearance, retirement and private sector employee matters.
By John V. Berry, Esq
Our D.C. employment lawyers represent D.C. employees in severance agreement negotiations. Severance agreements are contracts that govern an employee’s departure from a business. It is important to have counsel when an employee is faced with leaving an employer and needs to negotiate a resolution. We provide legal advice and representation to employees seeking the best possible severance agreement terms.
The Severance Negotiations Process
Severance agreements may be offered by an employer in any number of situations. The employee may be facing termination and the employer may want to resolve all outstanding issues before they leave. Severance agreements are also sometimes offered to employees who are laid off or facing retirement. If an employee is let go but not offered a severance agreement, hiring counsel can often prod the employer to offer a severance agreement. In some cases, the severance agreement process can be resolved through simple talks between your lawyer and the employer’s lawyer.
Types of Severance Agreement Terms
While severance agreements typically involve the payment of a monetary sum to a departing employee, there are many other terms to consider. Some of the possible terms to consider in a D.C. severance agreement may include, but are not limited to, the following:
- Financial terms, tax consequences, and timing of severance payments
- Continuation of employment benefits (e.g. health, life, disability)
- Rights to unemployment compensation
- Claims to be waived (wrongful termination, discrimination, whistleblowing)
- Confidentiality clauses
- Non-Disparagement clauses
- Re-employment possibilities
- Non-Compete clauses
- Preservation of trade secrets
- How references will be handled
- Recommendation letters
- How disputes are handled
- Applicable law
Employees give up important rights when they sign a severance agreement. Before signing such an agreement, the employee should consult with a lawyer to discuss the rights that he or she may be waiving and the terms included.
Contact Us
We offer a full set of legal services to protect your rights in the severance agreement and non-compete process in the District of Columbia. We offer assistance in negotiating with your D.C. employer in these matters. To schedule an initial consultation with one of our D.C. severance agreement lawyers, please contact us at (703) 668-0070 or by visiting our website.
