Severance Agreements

Web Admin - Tuesday, January 12, 2016

severance agreements, Illinois employment law attorneyIndividuals who are facing termination from employment may be offered a severance package. The terms of this package are contained within a severance agreement. Employees facing termination should pay careful attention to the terms placed within the agreement and be sure that they understand what the terms mean before signing. 

Provisions in Severance Agreements

Severance agreements are important to employers and employees. For employers, they provide protection against the employee filing a lawsuit against the employer in the future. For employees, the agreement describes what payment and benefits they will receive. Additionally, provisions can be included to protect against what will be said to future prospective employers about the reasons for the termination. The following are several of the most common issues that are addressed in severance agreements: 

- Severance Pay: Payment for the termination is usually offered in some term of weeks (for example, five weeks of pay). It is common for the offer to be based on the length of employment, such as one week of pay for each year of employment.

- Vacation Pay: Employees are entitled to payment for earned, but unused vacation time.

- Non-compete Agreement: If the employer and employee entered into a non-compete agreement, the employer should provide a copy of it to the employee and remind him or her of the terms and conditions. Additionally, changes to the non-compete can be made during severance negotiations and placed in the agreement.

- Returning Equipment: A discussion of what happens to any property of the employer (such as a company phone, laptop, or keycards) that is in the possession of the employee should be included in the agreement. This provision should explain how and by what date the property must be returned.

- Future Jobs: For the terminated employee, it is likely that he or she will be searching for a new job. In that case, it is important for the employee and his or her former employer to agree on how the employer will communicate with prospective employers. If the employee and employer give different reasons for the termination, it can be detrimental in the search for a new job. Additionally, the parties may enter into a non-disparagement clause, which states that neither of them will make disparaging remarks about the other to third parties. A non-disparagement clause should specifically define what cannot be said.

- Claims Waived: This is often the most important provision for employers. Under this provision, the employee relinquishes any right to file a lawsuit against the employer. It should define all of the types of claims and lawsuits that are barred.

- Employees Over 40 Years Old: These types of employees are protected by the Older Workers Benefit Protection Act (OWBPA). Workers 40 years of age and older must be given 21 days to review the severance agreement prior to signing it. Further, they have seven days after signing the agreement to change their mind and revoke it. 

Helping Employees 

If you are faced with a severance agreement negotiation, you should contact a skilled Illinois employment law attorney as soon as possible. Our team can help you understand the provisions in severance agreements, which can help you secure benefits and protect your rights. We proudly represent individuals the communities of Crystal Lake, Schaumburg, Palatine, Des Plaines, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park. We look forward to hearing from you. 

      Ken Apicella

      About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.

Source: http://www.eeoc.gov/eeoc/history/35th/thelaw/owbpa.html

Recent Posts


overtime pay reckless homicide drunk driving statistics boating DUI jet ski Barrington injury attorney corporate law Inverness elder law lawyer rent to own real estate contracts Employment Discrimination Law foreclosure Rolling Meadows criminal lawyer Arlington Heights criminal lawyer Forcible Entry Deer Park real estate law firm Schaumburg medical malpractice lawyer traffic crimes Exclusions life insurance lawyer Illinois LLC creation estate planning for college students real estate attorney Illinois medical malpractice attorney Buffalo Grove criminal defense lawyer murder charges Illinois medical malpractice claim Buffalo Grove employment lawyer real estate lawyer Kenilworth estate planning attorney employees Palatine real estate lawyer Schaumburg personal injury lawyers unpaid overtime distracted driving accidents wrongful death Schaumburg injury lawyer Illinois employment laws underinsured motorist defective products Schaumburg elder law lawyer sexual harassment Riverwoods estate planning lawyer eluding a police officer social media after death Rolling Meadows DUI lawyer Barrington personal injury lawyer Deer Park criminal attorney Rolling Meadows traffic law firm Schaumburg personal injury attorney denied insurance claims Schaumburg Des Plaines DUI attorney preventable medical errors dealing with problem employees Self-Directed IRA Accounts driving Crystal Lake car accident attorney Arlington Heights injury attorney Illinois insurance claim attorney Illinois lawyer medical research Illinois car accident attorney subcontractor wills meal breaks insurance agent negligence GM ignition switches construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Barrington Traffic Lawyer DMV icy parking lots insurance claim dispute attorney Buffalo Grove medical malpractice lawyers Arlington Heights employment law attorneys Rolling Meadows traffic attorney cell phone medical malpractice compensatory time Arlington Heights tax lawyer Arlington Heights insurance attorney Buffalo Grove real estate attorney workers compensation Crystal Lake medical malpractice attorneys Crystal Lake car accident lawyer spinal cord injury income distribution deducation Illinois medical malpractice case Mount Prospect elder law attorney Illinois Probate Act of 1975 Palatine civil attorney unauthorized overtime filing a medical malpractice claim insurance negligence Rolling Meadows probate lawyer traumatic brain injury Chicago car accident lawyer Illinois Human Rights Act dynasty trusts liability Barrington drug crime attorney Buffalo Grove traffic lawyers Illinois small business living trust vs will Deer Park personal injury lawyer overtime violations Palatine punch death operating agreements Illinois pet lawyer deed transfer TBI real estate attorneys Illinois employment law attorney Chicago lawyer Crystal Lake employment attorney Thanksgiving Des Plaines real estate lawyer Rolling Meadows insurance attorney Illinois red light cameras living trust benefits Des Plaines drug crimes lawyer Chicago traffic lawyer Crystal Lake insurance lawyer Illinois job attorney license reinstatement blood alcohol content Illinois elder law attorney whistleblower protections Illinois insurance attorney Buffalo Grove injury lawyer Long Grove wills and trusts attorneys Arlington Heights real estate lawyer Illinois living will Arlington Heights personal injury attorney breach of contract residential real estate insurance adjusters controlled substance preventing accidents Schaumburg car accident attorney Food and Drug Administration's Food Safety Modernization Act digital information life insurance policy college kids Schaumburg probate attorney insurance attorney caretaker rights murder employee rights real estate estate tax Deer Park medical malpractice attorney denied insurance claim probate lawyer Crystal Lake estate planning lawyer problem employees Schaumburg corporate attorney Crystal Lake medical malpractice lawyer home inspection lawyer pay when paid contract CAM Palatine traffic accidents insurance claims underage DUI brain injury Rolling Meadows accident lawyer Illinois driving without license Crystal Lake business law attorneys drugs Deer Park accident attorney Illinois law denial of life insurance criminal defense medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers pet law Illinois boating accident lawyer Buffalo Grove personal injury attorney Des Plaines personal injury attorney liability claims Des Plaines pet law attorney Chicago corporate attorney right to work back injuries civil rights violation swimming pools first degree murder Super Mario senior citizens ObamaCare construction contracts Inverness personal injury attorney internet Crystal Lake medical malpractice law firm license revocation trustee natural gas explosion Barrington medical malpractice lawyers medical malpractice compensation LLCs Illinois workers compensation lawyer Des Plaines motorcycle accident attorney Arlington Heights wills and trusts attorney FSLA workplace sexual harassment Illinois personal injury attorney Illinois employment law homestead rights estate attorney Des Plaines real estate attorney Schaumburg estate planning attorney Long Grove estate planning Des Plaines collections attorney Arlington Heights medical malpractice lawyer capital gains tax Rolling Meadows corporate lawyer nursing home negligence slip and fall accidents estate planning lawyer Rolling Meadows insurance dispute lawyers, insurance dispute Arlington Heights wills and trusts lawyers Transfer on Death Instrument Illinois Sales Representative Act drug possession Illinois tax attorney health insurance dispute Inverness real estate lawyer Illinois defective products attorney Illinois employment attorneys elder law Illinois construction accident attorney IRS privacy laws Palatine employment attorney Des Plaines personal injury lawyers distracted driving accident victims elder abuse mass shooting Chicago insurance law firm fatal car accidents estate planning paid sick leave Schaumburg personal injury lawyer expungement Long Grove estate planning attorney Crystal Lake employment law attorney Liquor Control Act boating under the influence Rolling Meadows insurance lawyer probate claims Long Grove real estate lawyer Barrington criminal lawyer IRA benefits Des Plaines medical malpractice attorney caregiver Kenilworth estate planning attorneys digital evidence Deer Park workers compensation lawyer Crystal Lake employment lawyer consent to a search Legal Info Buffalo Grove traffic attorney Schaumburg real estate lawyer hiring employees Arlington Heights accident attorney Deer Park motorcycle accident lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, loss of consortium auto accidents new real estate form no contest clauses Illinois personal injury lawyers pain and suffering Chicago employment lawyer Class A misdemeanor Illinois trusts attorney Illinois pedestrian accident attorney low-ball insurance settlement Des Plaines Traffic Lawyer car accidents Whistleblower Claims Chicago will attorney Des Plaines injury law firm Illinois medical malpractice lawyers Palatine construction attorney Crystal Lake law firm Inverness civil lawyer estate plan Rolling Meadows litigation lawyer landlord Rolling Meadows employment attorney Barrington attorney life insurance claims mortgage underfunded trust traumatic brain injuries employment attorney DGAA speeding premises liability personal injury accidents drug crimes Affordable Care Act estate planning attorney civil litigation attorney golf accidents Illinois wills and trusts attorneys Mount Prospect real estate lawyer Illinois wills and trusts Inverness insurance attorney fault based insurance Chicago estate planning Rolling Meadows criminal attorney investment property federal crimes boating accidents Rolling Meadows personal injury lawyer insurance dispute Illinois wrongful termination lawyer Barrington Illinois estate planning lawyer sole proprietorship real estate zoning personal injury lawyer Arlington Heights employment attorney criminal Colin H. Gilbert traffic violations defense Illinois Illinois jet ski accident lawyer School Visitation Rights Act special needs trust truck collisions BUI Illinois employment lawyer Illinois workers compensation attorney pedestrian accident Palatine estate planning lawyer owner responsibility trench injuries Illinois personal injury modern family estate planning Crystal Lake pet attorney Palatine insurance lawyer Rolling Meadows marijuana attorney Des Plaines claims law firm agent natural gas cell phone accidents Arlington Heights car accident lawyer taxes DNR drug crime Mount Prospect wills and trusts lawyers in terrorem provision Retaliatory Discharge breathalyzer test Palatine traffic lawyer loopholes real estate closing holiday statistics fiduciary rule Illinois motorcycle accident lawyer DUI defense Illinois mortgages small business liens Buffalo Grove car accident lawyer Rolling Meadows boating crash lawyer South Barrington real estate attorney motorcycle accident lawyer insurance dispute attorney car crash injuries clemency Illinois criminal defense attorney PTSD trucking accident lawyers Chicago estate planning lawyer hit and run accident Illinois bicycle safety Buffalo Grove insurance claim dispute lawyers wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace deadly crashes commercial leases Rolling Meadows drug defense attorney personal injury claims Schaumburg criminal law attorney texting while driving Home Sale Contingencies Deer Park traffic accident attorney Illinois collections attorney Illinois traffic attorneys personal injury claim workers compensation benefits traffic laws Do Not Resuscitate employment law, Illinois employment laws employee misclassification Illinois insurance dispute lawyers Arlington Heights car crash attorneys insurance claim denial Illinois insurance lawyer Arlington Heights TBI attorney digital assets unpaid assessment Illinois traffic accident lawyer crossover accidents car accident lawyers medical marijuana Rolling Meadows estate planning attorney Illinois workplace lawyer Illinois Transfer on Death Instrument Illinois workplace discrimination attorney FMLA employment law car accident lawyer Illinois traffic ticket lawyer criminal record motorcycle accident slip and fall Schaumburg insurance lawyers Illinois traffic attorney employment contract anesthesia errors manufacturing sexual images medical malpractice claims DUI attorney Illinois estate planning attorney disability benefits landlord tenant law personal injury attorney Arlington Heights wills and trusts lawyer Rolling Meadows Arlington Heights traffic attorney pregnant women Rolling Meadows personal injury attorney involuntary manslaughter car accident insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys probate claims process Barrington litigation attorney Crystal Lake injury attorney rollover accidents Illinois DUI attorney Des Plaines accident attorney Barrington criminal defense lawyer car crash Federal Food Drug and Cosmetic Act Barrington employment law firm insurance disputes advance healthcare directive traffic deaths Chicago employment attorney living wills Family Medical Leave Act Arlington Heights pedestrian accidents estate planning trusts bicycle dooring accidents Inverness accident lawyer Illinois corporate lawyer Illinois traffic laws Crystal Lake civil litigation lawyer wrongful termination Des Plaines insurance attorney Rolling Meadows business lawyer Fair Labor Standards Act Barrington personal injury attorney gift taxes Illinois employment law attorneys pedestrian injuries, pedestrian fatality vacation home IRA trust transfer Crystal Lake traffic lawyer insurance claim denials Rolling Meadows car accident lawyers digital media accounts, estate planning, Arlington Heights estate planning attorney, Illinois real estate lawyer work unions condo association rest breaks Home Remodeling Repair Act insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Barrington estate planning attorney Illinois estate planning law firm product liability pizza emoji estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Crystal Lake personal injury lawyer Barrington boating accident attorney Rolling Meadows employment law attorneys bike accident Buffalo Grove law firm employment lawyer Arlington Heights trucking lawyer drunk driving traffic offenses Fourth of July Arlington Heights Attorney wills and trusts Crystal Lake bike accident lawyer Attorney Ken Apicella trauma after an accident Illinois employee rights attorney. murder defense accidental death benefits marijuana crimes attorney Arlington Heights Traffic Lawyer Illinois attorney Illinois insurance disputes Palatine business attorney Barrington real estate lawyer Barrington workers compensation attorney Illinois business lawyer Crystal Lake pedestrian accident lawyer Illinois registered agent healthcare Crystal Lake traffic attorney Deer Park traffic lawyer suspended license Illinois estate planning attorney fees coronavirus Inverness injury lawyer Buffalo Grove probate lawyer Rolling Meadows tax attorney drug crimes lawyer Kenilworth estate planning lawyer Palatine trusts lawyer Schaumburg employment attorney installment contracts license suspension construction accidents foreclosed rental property uninsured motorist estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Des Plaines drug lawyer Chicago trucking accident attorney Rolling Meadows insurance dispute lawyers living trust Inverness DUI lawyer Palatine Attorney Detainer Actions car collision Illinois probate lawyer civil litigation bicycle accidents Rolling Meadows real estate attorney Mt Prospect Attorney Illinois employment law firm rollover car crashes IRELA Arlington Heights estate planning attorney life insurance Rolling Meadows Attorney Inverness corporate attorney pedestrian accidents llinois Real Estate Lawyers Association Joliet general practice lawyers Illinois Smoke Detector Act Buffalo Grove personal injury lawyer appealing an insurance claim Arlington Heights personal injury lawyer ACA dram shop law field sobriety test insurance denials revenge porn Illinois Workers’ Compensation Commission cell phone tower data unfunded trust Illinois trucking safety fiduciary rule delay Illinois will lawyer Palatine employment lawyer Rolling Meadows medical malpractice lawyers probate process probate fees Inverness estate planning lawyer medication errors Schaumburg wrongful death attorney Illinois Wage Payment and Collection Act Illinois rollover accident lawyers dog bites Des Plaines Palatine civil litigation lawyer DUI penalities Long Grove estate planning attorneys Palatine law firm criminal law Des Plaines criminal attorney marijuana Crystal Lake criminal defense attorney spinal cord injuries Schaumburg civil litigation attorney Crystal Lake tax lawyer Illinois real estate Illinois business law atorneys personal injury Arlington Heights lawyer Palatine criminal defense lawyer Schaumburg estate attorney independent contractor POA Crystal Lake accident attorney DUI Des Plaines personal injury lawyer Crystal Lake will lawyer Inverness real estate attorney real estate contract Palatine probate lawyer Illinois insurance claim dispute lawyers workers comp Inverness traffic law firm Schaumburg estate planning lawyer Chicago will attorney, social media platforms, Illinois estate planning lawyer, Barrington civil litigation attorney Palatine injury attorney head on collisions Illinois insurance claims lawyers traffic accidents ken apicella Illinois home inspection commercial leasing Arlington Heights wills and trusts attorneys defective products lawyer minimum wage forming a corporation in Illinois Buffalo Grove corporate attorney Schaumburg employment law attorneys Schaumburg drug defense lawyer probate insurance claim dispute gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Illinois injury lawyer insurance claim comparative negligence employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Palatine workers compensation lawyer bad faith insurance claims power of attorney severance agreements BAIID employee discrimination Landlord Tenant Ordinance Inverness probate lawyer Rolling Meadows Traffic Lawyer Jay Andrew child safety Illinois personal injury lawyer irrevocable trust trucking accidents guardianship attorney automated cars federal regulations for LLCs personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys contracts business litigation vacation home fines license insurance claim delay tax attorney hands free device South Barrington real estate lawyer changes to mortgage law Palatine corporate law attorneys Chicago insurance claim attorneys Illinois insurance claim dispute lawyer rumble strips digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Crystal Lake personal injury attorney healthcare claims Barrington business law firm Policy Cancellation power of attorney for healthcare insurance agents personal injury law firm comp time pet bites Palatine personal injury lawyer car crashes blended families trusts Barrington employment law attorney Crystal lake insurance dispute attorney Palatine corporate attorney financial advisors Rolling Meadows personal injury lawyers pedestrian-automobile accident privacy condo trust payments Rolling Meadows employment law attorney wage theft traffic violations texting and driving Chicago biking tips jet ski accidents Illinois speeding lawyer commercial real estate Schaumburg traffic lawyer insurance denial appeals Chicago attorney real estate leasing creditors surgical mistakes Illinois civil litigation lawyer Palatine employment law lawyer Palatine drug lawyer traffic tickets Des Plaines civil attorney startup company Colin Gilbert Schaumburg Attorney Deer Park DUI lawyer Schaumburg construction accident lawyer Deer Park employment law attorney Schaumburg criminal attorney Des Plaines tax law firm Barrington estate planning lawyer food poisoning institutional trustee products liability Palatine elder law attorney Long Grove real estate attorney job lawyers BAC Barrington employment attorney Illinois Trust Code