Beginning on April 11, 2023, an important new employment law will go into effect pursuant to which many employees who lose their jobs in New Jersey will be legally entitled to receive severance pay. Specifically, covered employees will be entitled to at least one week of severance per year they…
Articles Posted in Severance Agreements
Backlash Against Non-Disparagement Clauses
It has become extremely common, if not standard practice, for employers to include non-disparagement clauses in settlement agreements and severance packages they offer to their former employees. These provisions prohibit employees from saying anything negative about their former employers. They are extremely broad, since they prohibit true but negative statements…
Company Can Require Release Before Rehiring Former Employees
A recent employment law case recognizes that in certain circumstances, an employer does not violate federal law if it requires former employees to sign away their legal claims against it as a condition to rehiring them as independent contractors. In 1999, Allstate Insurance Company decided to treat all of its…
Frequently Asked Questions (FAQ) About Severance Agreements
Some of the most common questions employees ask employment lawyers relate to severance pay. Below, we have answered a few of the most frequently asked questions about severance agreements under New York and New Jersey law. Q: I have been laid off or fired by my company. Am I entitled…
Limited Time to Review Release is No Defense to Waiver of Employment Law Claims
Often, companies offer money or other benefits to employees who they have laid off or fired, as part of a severance agreement or separation package. Most severance agreements require you to waive your employment law rights before you can receive those benefits. In a recent case, Gregory v. Derry Township…
What to Consider Before Accepting a Severance Agreement
Many companies offer severance pay to certain employees who they have laid off, downsized, or fired. For example, some companies pay severance to employees who lose their jobs as part of a mass layoff or other reductions in force. Severance is often based on one or two weeks of pay…
EEOC Issues New Guidance to Employees Regarding Waivers of Discrimination Claims in Severance Agreements
On July 15, 2009, the United States Equal Employment Opportunity Commission (EEOC) issued guidance to employees who are offered severance agreements that include releases of employment law claims after they have been laid off or otherwise fired. More specifically, the EEOC’s guidance answers questions employees might have regarding severance agreements…
What You Should Bring to Your Initial Consultation With an Employment Lawyer
If you have experienced workplace discrimination, harassment, or retaliation, a breach of your contract, or another violation of your employment law rights, you might want to meet with an experienced employment lawyer to discuss your employment law rights. But what should you bring to your initial consultation with an employment…