Tran Law Firm LLP`s severance lawyers offer these services at a flat rate. Call today and discuss your severance package with our experienced Texas severance attorneys. Employees have 21 days to review an agreement. After the expiry of the 21-day period, the termination contract is considered null and void. This is usually a sum of money that a company pays you to sign a termination agreement – usually an agreement to waive your right to sue the business for most reasons. When negotiating a severance package, it`s important to work to your strengths. First, you need to determine whether you can make a viable legal claim against your employer. For example, is there evidence that your employer treated you differently because of your age, race or gender? Have you or a family member recently experienced any health problems that require a work stoppage? If the answer is yes, you know that you essentially have to waive any legal claims you may have against your employer in order to get severance pay. Therefore, it is highly recommended that you consult a lawyer if you think you might have a legal claim against your employer before entering into a termination agreement. If your Texas job is terminated, it`s important to understand that you don`t have to enter into a termination agreement if you`re offered one. If you think you have a valid employment claim against your employer, contact Jackson Spencer Law now to speak with a severance attorney to see if you should instead try to negotiate an increase in your severance pay before waiving your potential claims.
In general, the term « severance pay » refers to certain types of wages to which an employee may be entitled after the termination of an employment relationship. There is no legal right to severance pay in the state of Texas. However, if an employer has a severance policy, the law requires that the employer comply with that policy if the employee is qualified. Residents of Houston and the surrounding metropolitan area should be aware of the federal Employee Retirement Income Security Act (ERA) and Texas labor laws governing the payment of severance pay. The firm`s severance lawyers will explain what each provision of the severance pay means and the potential implications of signing the agreement with that specific section. Tran Law Firm LLP`s severance attorneys will also notify you of sections that should be removed because they are unfair or illegal, or may prevent you from getting future employment or taking advantage of skills you`ve worked for for years. The firm`s lawyers will also identify items that the employer has not included in the severance package. 1. You want me to sign a termination contract. I still have expense reimbursements. Will they pay me? A proposed termination agreement may include language stating that you agree that the money they pay you as compensation is all the money they owe you.
You essentially agree that there are no other debts owed to you by the Company, including repayments. Therefore, before signing this agreement, you should obtain clarification on expenses with your human resources department or manager. Most of the time, the language is standard and wasn`t meant to get you out of your expense reimbursements, so I`ve often found that once the HR employee sends an email and says, « We`ll always include your expense refunds in your last paycheck » or something like that, you can usually rely on it without needing a change in the agreement. Typically. And if the employee or HR manager doesn`t give you written assurance, that`s a red flag. Texas employers are not required to offer severance pay to employees they fire or fire unless there is a specific employment contract or company policy that requires payments. Since most Texas employees are « at will, » the employment relationship can be terminated by the employer or employee for any reason other than illegal. And while severance pay is usually described in terms of current salary (like « one month`s salary »), it`s really a convenient way to raise a sum of money to pay you to leave. It`s not a salary, it`s a bag of money paid to you to « leave » that the company can randomly treat via its payroll system like regular payroll. Other considerations in termination negotiations include whether or not you have a written employment contract, or whether or not your employer has a severance payment policy. In addition, you need to know if you have any obligations to your employer after the end of the employment relationship, such as a non-compete obligation.
You should also know your employer`s position regarding the payment of unemployment benefits. All of these factors can play a role in severance negotiations. I don`t know. That is their business decision. The goal of the average company with a severance package is to offer just enough money to encourage you to sign it. Some may be more charitable – it`s the dynamism and culture of the company and its management – and perhaps the financial health of the company at the time. Sometimes a client I see tells me that ___ weeks or months are « the industry standard. » While there may be trends, it all depends on the specific company you`re dealing with, their situation, and their culture. Do you have any other general questions about termination agreements? No problem.
Email Kerry O`Brien at ko@obrienlawpc.com. Texas employees are entitled to a copy of their company`s termination policy. In the event of termination, they can contact their employer or plan administrator to request a copy. This allows the employee to review the plan to determine if they are eligible and how much severance pay they may be entitled to. If a plan administrator fails to provide an employee with a copy of the plan or does not pay the wages owing, a lawsuit may be filed in federal or state court to recover the wages owing.