DGAA bLAWg

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


Tags

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

Archive