based on age, sex, race, pregnancy, gender, national origin, disability, sexual orientation, religion or other legally protected classifications.
Negotiations in New York
When employment is terminated, a worker may receive an employment separation or severance agreement. These contracts offer compensation in exchange for the worker agreeing to waive his or her right to pursue legal action against the employer for violations of federal or New York law, including wrongful termination, workplace harassment, employment discrimination or retaliation, or breach of an employment contract. Our experienced NYC employment lawyer can negotiate your separation or severance contract and help get you the compensation you deserve.
In some situations, you may have suffered a wrongful termination, or discrimination, harassment or other unlawful employment action against your disability, race, pregnancy, age, sexual orientation, gender or other legally protected classification, and it may not be in your best interest to sign a separation or severance agreement that waives your right to pursue a legal claim.
The employment severance or separation agreement may also impose other post-employment restrictions, such as limiting your ability to compete with the employer (also known as a "non-competition" agreement or contract, or "non-compete"), or may restrict your ability to work with or solicit the employer's clients (also known as a "non-solicitation" agreement or contract). Even if an employer is within its legal rights to terminate employment, it often does not have the right to bind you to post-employment restrictions listed in severance or separation contracts, unless you agree to these restrictions.
Or, you may be over 40 years of age, which provides you additional considerations with regards to severance and separation agreements. Some of these considerations include the Older Workers Benefit Protection Act ("OWBPA"), which gives you additional rights with respect to terms and conditions contained in employment severance and separation contracts.
If you received an employment separation or severance agreement, our experienced New York employment lawyer can help you negotiate the agreement and ease your burden during this difficult time. In many situations, separation and severance agreements are fully negotiable, and we can assist you either privately, behind the scenes or upfront to get the compensation and benefits you deserve. For details on contacting our office click here.