New Hampshire Severance Agreement Attorneys
We Can Help You Look Before You Leap
Every day, employees are laid off or terminated for a variety of reasons. At this emotional and upsetting moment, it is common for employers to present employees with severance agreements in exchange for some amount of continued compensation. Our New Hampshire severance agreement lawyers will help you determine if the agreement makes sense for you in light of the important rights that you are waiving or giving up.
Frequently, employees feel pressured by their employers to sign severance agreements. Do not let the company pressure you into signing it until you have discussed your options with an experienced employment attorney like the ones at Douglas, Leonard & Garvey, P.C.
Severance Agreement Obligations
Under New Hampshire law, an employer is not required to offer a severance package unless it is part of your employment agreement or set forth in a company policy. Before you sign a severance agreement, you need to understand each of the terms, because the main purpose the employer is offering a severance agreement in exchange a severance payment or for some money is to obtain a waiver of your rights—mainly, your right to sue your employer.
A severance agreement is drafted by the employer’s lawyers and contains any terms the employer wants to put in.
Typically, in exchange for some continuation of salary for a certain period of time, severance agreements may include new obligations along with surrendering your right to sue your employer, including:
- Releasing all claims against the employer
- Non-disparagement by employee
- Confidential information
- Non-competition and non-solicit provisions
- Cooperation provisions
The New Hampshire severance agreement attorneys at Douglas, Leonard & Garvey, P.C. have years of experience advising clients and can help you, too.
Q:What is the main purpose of a severance agreement?
A:The main purpose of severance agreements for the employer is to obtain a waiver of all your rights so that you are not able to sue the employer after you leave your employment. Typically, the employer offers to pay you compensation or wages to get you sign the severance agreement. The employer’s goal is to protect its own interests.
Q:Who drafts the severance agreement?
A:Severance agreements are drafted by the employer or the employer’s lawyers. It is important to keep in mind that the severance agreement contains terms that is designed primarily to protect the interests of the employer.
Q:Does my employer have to offer me severance pay?
A:Under New Hampshire law, an employer does not have to offer severance unless there is a policy. Offering severance is different that if you are owed vacation pay or sick time after you are being separated from employment.
Q:Is a non-compete agreement part of a severance agreement?
A:It depends on the lawyer drafting the severance agreement. Sometimes a company and its lawyer will try to include a non-compete agreement as a part of any severance agreement being offered to you. It is important to be aware of that because that provision could affect your ability to work for a competitor or even to start your own business.
Q:Can my employer pressure me into signing a severance agreement?
A:No. But employers sometimes do try to pressure employees to sign severance agreements. It is understandable that you may be facing a financial hardship, but you need to take the time to review all terms of the severance agreement with an experienced employment lawyer. Depending on the specifics of your case, some severance agreements provide a certain time period in order to allow you to review as well as containing a limited time period for you to revoke your acceptance.