Florida Severance Agreement Attorney
Representing Employees in Severance Agreement Negotiations and Enforcement
Losing your job can be a stressful and overwhelming experience. In Florida, employers may offer severance agreements to employees that are being laid off, fired, or demoted, but they are not legally required to. Whether you have been denied severance pay or are trying to determine if a severance package offered is a fair deal, it is in your best interest to get professional legal advice before you make any decisions.
At Yormak Employment & Disability Law, we are experienced in reviewing and negotiating the terms of severance agreements for employees throughout Florida. We understand the complexities of these documents and can help you secure the best possible outcome, whether that be in terms of financial compensation, legal protection, or some other fair resolution.
Benjamin Yormak is one of the few board-certified employment law experts in Florida. He has extensive experience helping employees with their severance agreements and can provide you with the guidance you need to make an informed decision about your rights and options. With his help, you can protect yourself and ensure that your future is secure.
Contact us today for a free and confidential consultation.
Severance Pay in Florida
As an at-will employment state, Florida employers are not legally required to provide severance pay or packages. However, you may still receive an offer for a severance agreement if you are fired, let go, or laid off. These agreements typically give the employee some added benefits such as a lump sum payment, extended health insurance benefits, continued salary or wages for a certain period of time, or other forms of compensation. In exchange, the employers generally require the employees to waive their rights to bring any legal action against them.
It is important to keep in mind that just because an employer offers a severance agreement doesn’t necessarily mean it’s a fair and equitable deal. Employees who’ve been offered a severance agreement should always get an experienced legal review before signing it.
Negotiating Severance Agreements
Employees who are offered a severance agreement should pay close attention to both the monetary compensation being offered and the non-monetary terms that are included. It is important to understand what you will be getting and how it will affect your future finances so that you can make an informed decision about whether or not to accept the package. Below are some of the common forms of monetary compensation that may be included in a Florida severance agreement.
A lump sum payment that compensates the employee for lost wages.
Continued Salary or Wages
A certain period of time during which the employer will continue to pay salary or wages to the employee.
Payment for unused vacation time accumulated by the employee.
Sick Leave Pay
Payment for unused sick leave.
Additional compensation to be paid out in a lump sum or over time.
Health Insurance Benefits
Continued health insurance benefits for a certain period of time.
Contributions made to the employee’s retirement plan.
Watch Out For Terms & Conditions That Limit Your Rights
In addition to monetary compensation, severance agreements may also include other non-monetary provisions. These can include language that requires the employee to keep certain information confidential or not to speak negatively about the employer. Non-monetary terms should be reviewed carefully in order to ensure they are fair and reasonable.
When Should You Avoid A Severance Package?
A fair and well-negotiated severance agreement can provide an employee with financial security and other benefits, but it may not always be wise to accept it. Below are some of the most common situations where it may be better for the employee if they do not accept a severance agreement:
- If the severance agreement includes a non-compete clause that would restrict the employee from working in their field for an unreasonable amount of time or in a geographic area that is too broad.
- If the severance agreement includes a release of claims that would prevent the employee from pursuing any legal action against the employer for potential violations of employment laws, such as discrimination, harassment, or wrongful termination.
- If the severance package does not provide adequate compensation or benefits to support the employee during the transition period.
- If the employee is required to sign a confidentiality agreement that would prevent them from discussing the terms of their severance or the reasons for their termination with anyone, including potential future employers.
- If the employee suspects that the employer may have violated any laws, and the severance agreement includes a section that prevents the employee from reporting these violations.
Contact Us For A Free Consultation
At Yormak Employment & Disability Law, our experienced Florida severance agreement attorney can provide you with the legal advice and guidance needed to secure the best possible outcome. Benjamin Yormak is one of the few board-certified employment law experts in Florida and he’s passionate about protecting the rights of Florida employees. If you need assistance with a Florida severance agreement, contact us for a free and confidential consultation.