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  FAQ - Severance Agreements    
 
What Is the Main Purpose of a Severance Agreement?

The main purpose of Severance Agreements for the employer is to obtain a waiver of all your rights so that you are not able to sue the employer after you leave your employment. Typically, the employer offers to pay you compensation or wages to get you sign the Severance Agreement. The employer’s goal with the Severance Agreement is to protect its own interests.

Who Drafts the Severance Agreement?

Severance Agreements are drafted by the employer or the employer’s lawyers. It is important to keep in mind that the Severance Agreement contains terms that is designed primarily to protect the interests of the employer.

Does My Employer Have to Offer Me Severance Pay?

Under New Hampshire law, an employer does not have to offer severance unless there is a policy. Offering severance is different that if you are owed vacation pay or sick time after you are being separated from employment.

Is a Non-Compete Agreement Part of a Severance Agreement?

It depends on the lawyer drafting the Severance Agreement. Sometimes a company and its lawyer will try to include a non-compete agreement as a part of any Severance Agreement being offered to you. It is important to be aware of that because that provision could affect your ability to work for a competitor or even to start your own business.

Can My Employer Pressure Me Into Signing a Severance Agreement?

No. But employers sometimes do try to pressure employees to sign Severance Agreements. It is understandable that you may be facing a financial hardship but you need to take the time to review all terms of the Severance Agreement with an experienced employment lawyer. Depending on the specifics of your case, some Severance Agreements provide a certain time period in order to allow you to review the Severance Agreement as well as containing a limited time period for you to revoke your acceptance of the Severance Agreement.

Do I Need to Hire an Employment Lawyer?

Yes. Employers and their insurance companies have experienced lawyers on their side. Because of the different laws protecting employees’ rights, it is important to have an experienced employment lawyer represent you. Having a skilled and experienced lawyer representing you will level the playing field against your former employer. Many victims of illegal employment make the mistake of not consulting with an experienced employment lawyer. An employment lawyer can explain your rights, whether you have an employment case, and if so, what damages you may be entitled to receive under the law.

How Will My Employment Lawyer Get Paid?

Hiring an attorney to protect your interest in reviewing and negotiating a severance agreement is handled on an hourly fee arrangement. This means that an attorney gets paid based on an hourly rate for the number of hours involved in resolving the claim.

Why Should I Hire Douglas, Leonard & Garvey, P.C. as My Employment Lawyers?

Many lawyers claim to have employment law experience. Also, many lawyers try to have it both ways and represent employers and employees. Our loyalty is simple – we represent employees.

Our employment lawyers regularly represent clients at the Department of Labor, EEOC and New Hampshire Human Rights Commission as well as try cases to juries in Superior Court. Please contact us for an immediate, free consultation at 1-800-240-1988 or complete our contact form online.

Our guide, How to Choose an Employment Lawyer, provides answers to some questions you may have about hiring the right attorney for your case. Our Video Library may answer more of your questions.

 
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Douglas, Leonard & Garvey, P.C. attorneys represent clients in courts throughout New Hampshire, including Concord, Manchester, Nashua, Salem, Rochester, Portsmouth, Laconia, Plymouth, Franklin, Keene, Lebanon, Littleton, Hampton, Hooksett, Derry, Claremont, Goffstown, North Conway, Exeter, Durham, Plaistow, Henniker, Newport, Milford, Merrimack, Hillsborough, Bow, Hopkinton. We also represent clients in all counties, including Merrimack County, Belknap County, Carroll County, Cheshire County, Coos County, Grafton County, Hillsborough County, Rockingham County, Strafford County and Sullivan County.

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