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 Virginia employment lawyers represent Virginia employees in severance agreement negotiations. Severance agreements are contracts that govern an employee’s departure from an employer. 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.
Severance Negotiations in Virginia
Severance is not required under Virginia law. However, 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.
Common 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 Virginia severance agreement may include, but are not limited to, the following:
- Financial payments, 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
- Stock provisions
- Preservation of trade secrets
- How references will be handled
- Recommendation letters
- How disputes are handled
When signing a severance agreement, an employee is required to give up important rights. Before signing such an agreement, the employee should consult with an attorney to discuss the rights that he or she may be waiving and the terms included. Hiring counsel can help negotiate the best severance resolution possible.
Contact Us
We offer a full set of legal services to protect your rights in the severance agreement negotiations process in Virginia. To schedule an initial consultation with one of our Virginia severance agreement lawyers, please contact us at (703) 668-0070 or by visiting our website.
