Severance Agreement Matters We Handle for Hamptons-Area Employees
A severance agreement lawyer at Mesidor PLLC looks at the full agreement, not just the number on page one, before advising you on next steps. The right review depends on what led to the offer and what you’re being asked to give up. We help employees and executives with:
- Severance package review and negotiation before signing
- Separation agreements offered after a discrimination, harassment, or retaliation complaint
- Executive exit packages, including equity, bonus, and change-in-control terms
- Non-compete, non-solicitation, and non-disparagement clauses
- Continuation of health coverage and eligibility for unemployment benefits
- Reference language and rehire eligibility terms
You can negotiate each of these pieces, and knowing which ones to push on often matters more than the headline severance number.
What Signing Too Quickly Can Cost You?
Is the first offer the best one your Hamptons employer can make? Usually not.
Severance agreements almost always include a release of claims. That means you give up the right to seek compensation for your termination or how you were treated on the job in exchange for the payment offered.
If your employer discriminated against you or retaliated against you for complaining, signing without a careful review can close that door for good. Restrictive covenants buried in the agreement can also limit where you work next, sometimes for a year or more. None of this has to be decided in the time it takes to read the cover email.
Your Review and Revocation Deadlines Under Federal and New York Law
Federal and New York law both build in time to think before a severance agreement becomes final, though the clock works differently depending on your age and what the agreement covers.
If you are 40 or older and the agreement asks you to give up age discrimination claims, the Older Workers Benefit Protection Act gives you at least 21 days to consider the offer, or 45 days if your employer is letting go of a group of employees at once, plus 7 more days to change your mind after you sign.
New York law also protects you if the agreement asks you to keep discrimination, harassment, or retaliation claims private. Under General Obligations Law § 5-336, the agreement can include that kind of confidentiality term only if you want to keep things private. You get up to 21 days to decide and 7 days to change your mind after you sign. And if the agreement says you lose your severance or owe money for breaking a confidentiality or non-disparagement clause, your employer can’t enforce the part where you gave up your claims.
Pre-Suit Settlements Mesidor PLLC Has Negotiated for Executives
Mesidor PLLC has negotiated pre-suit settlements for executives who were pushed out after raising concerns at work, including a $13,500,000 settlement for a sports and entertainment executive terminated after complaining of financial misconduct and discriminatory behavior.
The firm has also negotiated a $500,000 pre-suit settlement for a banking executive denied a promotion and bonus after complaining about racist comments, and a $400,000 pre-suit settlement for a technology executive unfairly included in a reduction in force. Prior results do not guarantee a similar outcome.
Frequently Asked Questions
What should I look for besides the severance payment amount?
The dollar figure is only one part of the agreement. Look at how the release is written, whether you’re asked to sign a non-compete or non-disparagement clause, how long your health coverage continues, what your employer will say if a future employer calls for a reference, and whether you keep any rights to unused equity or bonus pay.
Will signing a severance agreement stop me from filing a discrimination complaint?
A release typically waives your right to seek money for past treatment, but you generally can still file with a government agency like the EEOC or the New York State Division of Human Rights, which has a Suffolk County office in Hauppauge for Long Island complaints. What you give up, and what you keep, depends on exactly how the release is written.
If a Hamptons severance dispute cannot be resolved, where does it get filed?
If you live on Long Island’s East End, you’d usually file a state-law case in the Suffolk County Supreme Court at 1 Court Street in Riverhead. Federal claims usually go to federal court. Some agreements require arbitration or a specific court instead, so check that part of your agreement too. Most severance disputes settle before they reach that point, but knowing where a case would go helps you understand your leverage at the table.
Do I need a lawyer before signing, or can I negotiate on my own?
You’re not required to have a lawyer to sign or negotiate a severance agreement, but most employees only get one real chance to negotiate before the offer is finalized. A short review before you sign can catch language that limits your rights or leaves money on the table.
What happens to my unused vacation or PTO when I sign?
In New York, if your employer offered paid vacation, you generally must be paid for accrued unused time when you leave unless a written policy you were told about in advance says it’s forfeited. A severance agreement cannot take away wages you already earned.
What if I already signed my severance agreement?
Signing does not always mean the deal is final. If the agreement included a revocation window and that window has not passed, you may still be able to change your mind. If it has passed, a review can still check whether the release was written properly and whether you kept any rights the agreement could not legally take away.
Get a Hamptons Severance Agreement Lawyer’s Review Before Your Deadline Passes
Severance offers do not wait, and neither do the deadlines built into them. If you’ve been offered a severance or separation agreement, especially one that followed a complaint about discrimination or harassment at work, it is worth a careful look before your review period runs out.
Mesidor PLLC represents employees across the Hamptons and the rest of Long Island’s East End. Reach out today to have your agreement reviewed before you sign.