Raleigh, North Carolina Business Attorneys Concentrate on Severance Agreements

Wake County Law Firm Protects Clients’ Rights in Severance Agreements

Severance agreements are used to protect employers from future liability following the voluntary or involuntary termination of an employee. For many executives and professionals, a severance agreement is established in conjunction with an employment agreement at the onset of employment for possible use in the future. For other individuals, a severance agreement is created at the termination of employment.

What is Included in a Severance Agreement?

A severance agreement typically sets forth the terms of separation from the company after employment is terminated, and addresses issues such as:

• Severance pay
• Continuation of health care benefits under COBRA or a similar state program
• Transfer of retirement plan benefits
• Surrender of the right to file suit against the employer
• Non-compete clauses
• Confidentiality or non-disclosure clauses
• Non-disparagement
• Placement assistance
• References

Severance agreements should always be written in a way that is easily understandable to employees. Otherwise, they may be able to make a claim that an employer intentionally asked them to waive rights that they did not understand they were waiving.

Rights Employees Cannot Be Asked to Waive

Employers should also be careful not to restrict employees from contacting the U.S. Equal Employment Opportunity Commission (EEOC) and to not include any claims in the general release that cannot be waived by private agreement. For example, employees cannot waive, by private agreement, any claims that they may have under the Fair Labor Standards Act (FLSA) and usually can waive their rights to damages under the FLSA only if the waiver agreement is supervised by either the U.S. Department of Labor (DOL) or a court.

Contact Our North Carolina Severance Agreement Lawyers Today

Do you have questions about severance agreements in Raleigh or Wake County, North Carolina? The experienced business law attorneys at Law Offices of Robert Crawford are experienced in all facets of the law regarding severance agreements. Contact our law firm online or call 919-296-8508 to schedule your initial consultation today.