Can You Get Severance After Being Laid Off in Syracuse?
While no legal obligations exist for employers to offer severance after a layoff in Syracuse, an employer may provide it voluntarily. However, scheduling a review of its terms with a Syracuse employment law attorney before accepting a severance package is recommended. Signing a severance agreement may prohibit you from legal action and impact your future employment.
Possible Entitlement to Severance in Syracuse
In some instances, you are entitled to severance after being laid off. These instances may include:
- An employer is contractually obligated to offer severance due to an employee contract or agreement
- Your company has a severance pay policy that explains who is entitled to severance and the circumstances in which it may be offered
- You are a union member with a collective bargaining agreement in the terms of the agreement
- A verbal commitment exists of severance pay by an employer or previous agreements of severance provided for other employees who experience a layoff exists
While receiving severance may provide initial relief from layoff, the conditions under which you receive severance may contain stipulations that impact you. Your options for receiving severance may vary from other workers. While verbal agreements may be challenging to prove, it is not impossible.
What to Look for in a Syracuse Severance Package
It is vital to pinpoint what you may gain and lose if you choose to accept severance. Look for the following information should you receive an offer of severance after being laid off:
- The time you have to review a severance agreement: Evolving laws in New York may dictate how long you have to review a severance agreement.
- Any waivers in the agreement that prevent you from filing a civil action against an employer. If a layoff is retaliation for participating in a protected action, is based on discrimination, or is the result of a hostile work environment, you lose the right to file a lawsuit and protect your rights.
- Non-compete agreements written into a severance package preventing you from seeking employment with competitors in your field.
- Non-disclosure clauses in the agreement that prevent you from discussing various aspects of your work, including the reasons for being laid off.
Reviewing the severance package may allow you to challenge the agreement terms you disagree with.
Unemployment Benefits and Severance in New York
The amount of your severance package payments may prohibit you from receiving unemployment benefits. Receiving severance payments that exceed the weekly unemployment benefits in New York will prevent you from doing so. Considering all the impacts of a severance package on potential benefits is essential to making informed decisions.
Reviewing a Severance Package for Adequate Compensation
The severance package amount should convey several factors about your employment before a layoff. The amount should reflect the following:
- Your service years before a layoff
- Your pay grade or salary
- Reasons for a layoff
Your dedication to a company is paramount to their success. A review of a severance agreement by a Syracuse employment law attorney places experience and knowledge on your side. Advocacy is critical not only for the severance you receive but also for your right to file a civil action and pursue future employment. Scheduling a comprehensive evaluation of the terms of a severance package allows you to make vital decisions that impact you financially, both short and long-term.