Employment Separation Agreements | Louisville KY | Sep

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Separation Agreements

If you are being laid off or discharged and have been offered some kind of severance payment in return for a release, the agreement will probably say that you understand that you have the right to consult with a lawyer at your expense.

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Should you go to a lawyer and pay them to review the agreement when you believe your employer won't negotiate? This is your choice, however, there are reasons you may want to get legal advicebefore you sign. For example,

1. Does the agreement accurately reflect the offer? You need to make sure that the payments specified in the agreement match your understanding of the offer. It is surprising how often the person who drafts the agreement gets it wrong; and the error is usually in the employer's favor. Also, If the person who gave you the agreement tries to explain a provision to you - it is wise to get your own lawyer to take a look at the document before you sign.

Patricia A. Abell

(502)561-3455

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2. Do you understand all the rights that you are giving up by signing the release and what rights you may still have? Also, understanding what options you have if you do not sign the release is important.

3.The fine print. There are often surprising provisions. For example, It may contain a provision in which you admit that you have no work related injuries as of the date that you sign the agreement. If you have a pending workers compensation claim, the employer can use that admission against you in the worker's compensation case

4. Has your employer properly followed or complied with any laws that apply to your situation?

Other reasons:

Some Supervisors discount or explain away any issue an employee raises. Common employer responses to the employee include: 'You’re wrong, it doesn't say that.' 'It really means ...' There is nothing I can do about it.' Sometimes, a well meaning supervisor may not fully understand the terms of the agreement and unintentionally gives misinformation. Having a lawyer review the documents and facts to make sure what you have been told and what the agreement says are the same, can prevent problems later.

If you have been offered a severance or separation package, and would like to have it reviewed by an attorney please contact me to schedule an appointment (502) 561-3455

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