Fort Lauderdale Severance Agreement Lawyer

Trusted Fort Lauderdale Severance Agreement Attorney

When a relationship with an employer comes to an end, the details matter. Many employees are given complex legal documents on short deadlines and little time to understand their rights. A Fort Lauderdale severance agreement lawyer can explain the rights, obligations, and restrictions of severance agreements prior to signing. Although severance packages are commonly provided upon professional separation, not every clause is beneficial.

The Law Office of Michelle Cohen Levy, P.A. provides clients and businesses in South Florida with experienced legal services. Based in Fort Lauderdale, we handle employment claims, business disputes, and general workplace concerns.

Attorney Michelle Cohen Levy is a solo practitioner who dedicates her time to working with each client individually. Her commitment to practical, cost-effective representation has been recognized by Super Lawyers Rising Stars and the National Association of Distinguished Counsel.

The Broward County Courthouse can be used to address employment concerns in Fort Lauderdale. The Courthouse is located at 201 SE 6th Street, Fort Lauderdale, Florida 33301.

What Is Severance Pay?

Severance pay is money an employer provides to an employee after employment ends. In Florida, employers are not required to provide severance benefits unless required by an employment contract, company policy, union agreement, or other legally binding commitment.

A severance package may consist of several components, not just one payment. Depending on the situation, it could include continuation of salary, healthcare benefits, outplacement services, bonuses, stocks, or other benefits. Employers often present severance benefits on the condition that the employee agrees to certain provisions.

A release of claims is one of the most common provisions. The employee may sign the agreement and promise not to file a claim against the employer for wrongful termination or other employment-related issues. Since such provisions waive legal rights, employees should understand the severance agreement before agreeing to sign it.

Federal and Florida severance agreement laws help guide proper practices in these agreements. For instance, the federal Older Workers Benefit Protection Act (OWBPA) requires employers to adhere to certain requirements when asking employees who are 40 years old or older to waive age discrimination claims. Florida’s Civil Rights Act, Section 760.10, Florida Statutes, also may impact employment claims that could be waived with a severance agreement.

What to Consider in a Severance Agreement

Employment severance agreements vary greatly. Some may only contain a few provisions. Others can span multiple pages and create additional obligations for years after employment ends. Only one in three recently laid-off employees received severance pay; nevertheless, those who did typically earned 16 weeks’ worth of compensation. That is far longer than the present median length of unemployment, which is roughly nine weeks.

The amount of compensation offered is one factor to consider. Review the proposed severance payment and decide if it properly addresses years of service, company policy, accrued benefits, and reason for termination. While there is no specific formula for calculating severance pay, knowing what your benefits are worth can help you decide if the offer meets your needs.

Although no two agreements are the same, many severance agreements contain the following provisions:

• Severance pay and schedule
• Restriction from filing a claim against your employer
• Non-compete and non-disclosure agreements
• Give back all company property
• Continuation of certain benefits

Since the severance agreement is a contract, the specific language used can impact your legal rights. Something as simple as changing a pronoun can alter who is responsible for providing benefits.

Hire a Severance Agreement Lawyer

Employees often believe their employer won’t negotiate the severance agreement. Depending on the situation, some provisions may be negotiable. Before you sign, consider having the severance agreement reviewed by a Fort Lauderdale severance agreement attorney who can explain the legal rights you are giving up by signing the agreement.

You may want to hire a severance agreement lawyer in Fort Lauderdale, Florida if you are asked to sign a release of claims, restrictive covenants, or a complex severance package. An attorney can help you in your severance agreement case and identify issues such as unreasonable provisions in non-compete agreements, stock options, executive employment agreements, and confidentiality obligations.

If you believe you were discriminated against, retaliated against, cheated out of wages, or suffered another illegal act in the workplace, you should pay special attention to the severance agreement. By signing a release, you may lose your ability to file a claim in the future.

FAQs

Can I Collect Unemployment Benefits if I Receive Severance Pay?

You may be eligible to collect unemployment benefits even if you receive severance pay. It depends on the conditions under which severance is paid and Florida unemployment laws. If severance is paid as a lump sum, it may not count as salary continuation. Check your severance agreement and contact the Florida Department of Commerce or another resource to find out how severance affects unemployment benefits.

What Happens if I Violate a Confidentiality Clause in a Severance Pay Agreement?

You could face legal ramifications for violating a confidentiality clause in a severance pay agreement depending on its specific language and your situation. For example, an employer might file a claim against you for damages or other relief if he or she feels that confidential information has been leaked. Confidentiality provisions can differ widely, so be sure you know what information is being restricted and the duration of the confidentiality.

Are Severance Agreements Used Only in Layoffs?

While layoffs and workforce reductions are the most frequent triggers for severance agreements, these arrangements aren’t exclusive to them. Severance agreements also show up in other organizational changes, such as mergers and acquisitions, restructuring of the business, changes in leadership, or resignations. The intent and terms of the agreement can vary based on the facts and reason for separation.

What Should I Do If I Notice an Error in My Severance Agreement?

If you notice errors in your severance agreement with respect to the amount of compensation, start date of employment, benefits, or other provisions, they should be corrected prior to signing if possible. Even seemingly insignificant errors may lead to misunderstandings or disputes later. If any of the information is incomplete, inconsistent, or inaccurate, employees should seek clarification or correction prior to accepting.

Fort Lauderdale Severance Agreement Lawyer

If you need assistance with a severance agreement, The Law Office of Michelle Cohen Levy, P.A. can help you. Our team understands how important these settlements are in helping to move forward with financial stability. Our team’s knowledge and experience can help prioritize your needs and pursue a fair outcome. Contact us today for more information.

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