Negotiating Severance Agreements for Professionals
For employees at will, the negotiation of a severance package can be good for both the employer and the worker. The employer receives a release of liability on potential workplace rights claims while the employee gets a lump sum payment and some extended benefits for a head start toward the next career move.
For executives, professionals and others operating under written employment agreements, there will be more chips on the table — primarily, the assertion or waiver of contract terms relating to termination, severance and noncompete terms.
Contact the Law Offices of John E. Carpenter in Washington to learn how an experienced attorney's advice can help protect or advance your interests when it's time to separate from executive or professional employment.
Our goal is to help you get the most out of any severance terms that appear in your current employment agreement. Disputes over the applicability or meaning of particular severance terms have been known to arise during separation negotiations, and our advice as to the legal effect of a particular contract provision can help you understand your options.
We also work with our professional and executive clients to see whether it's in your interest to waive or trade particular severance benefits in order to open up rights you might have negotiated away when the agreement was first executed. If your employment contract restricts your ability to work in the same market after separation, offering a reduction in severance payments in exchange for the waiver of a noncompete clause could work to your benefit.
Another thing to look for when negotiating severance agreements is a breach of the contract terms on the part of the employer. Depending on the nature and materiality of the breach, you might plausibly argue that you are therefore excused from further performance on noncompete or nonsolicitation commitments.
With 25 years of legal experience, John Carpenter knows how to develop and apply the negotiating leverage necessary to get the most out of your current severance terms, or work toward a favorable severance package if no agreement is in place.
Call (202) 887-5445 for legal advice in the District or suburban Maryland
For the benefit of an experienced lawyer's advice on severance issues, contact the Law Offices of John E. Carpenter in Washington, D.C.
