Little Rock Attorneys Protect Employee Interests in Severance Packages
Skilled employment litigators fight to increase value for separated employees
If your employer has decided to part ways with you, a severance package is a vitally important benefit that can ease your transition to a new position. But under what circumstances does an employee have a right to severance? Arkansas is an at-will employment state, so, unless you have an individual employment contract or are a member of a union, theoretically your employer can fire you for any reason, no reason, or a fabricated or unethical reason, as long as the termination is not otherwise unlawful. Nevertheless, under some circumstances, you have a right to a severance package; often, it takes determined and effective legal representation to maximize the value of that package.
When does an Arkansas worker have a right to a severance package?
Although Arkansas is an at-will employment state, companies hoping to recruit top corporate talent frequently offer employment agreements that include severance terms. Depending on the level of detail in the agreement, severance benefits can be tied to performance, the grounds for discharge or length of employment. Employees who do not have a contract may be covered by a company policy in favor of severance under certain circumstances. That policy may be contained in the employee handbook or other company documents. An employee might also have leverage to negotiate a severance package if the termination would raise suspicion of discrimination, such as ageism or another form of bias, or unlawful retaliation.
How our Little Rock attorneys can help maximize your severance package
At McMath Woods, our knowledgeable employment attorneys help you negotiate severance terms as part of an executive compensation package. We provide detailed assistance to ensure benefits are appropriate and performance metrics are reasonable, measurable, and attainable.
If you are separating from your employer, numerous severance issues can arise, including:
- Disputes over performance metrics
- Disputes over valuation of benefits
- Stock option conflicts
- Level of payment
- Application of noncompete agreements
- Refusal to offer severance
- Eligibility for unemployment compensation
- Future obligations, such as the duties to cooperate and not disparage
- Cause for termination
Our attorneys can review your offer, or the circumstances behind the refusal of an offer, and give advice on how to improve your situation. We are often successful negotiating for greater benefits, especially when the basis for discharge is not compelling or there is evidence of discrimination or retaliation. Companies often use severance agreements as an inducement to agree to a strict noncompete agreement, which can limit your ability to accept other employment offers. We protect our clients from overly restrictive NCAs so you can freely accept other positions.
In some cases, an employer will promise an acceptable severance and never deliver. Our employment litigation lawyers can help you enforce your agreement and obtain the benefits you deserve.
Contact a reputable Little Rock law firm for assistance with severance agreements
McMath Woods P.A. represents Arkansas employees in disputes over severance agreements. To learn how a knowledgeable attorney could maximize the value of your benefits, call 501-502-0985 or contact us online. Our Little Rock office is conveniently located at 711 West Third Street, just three blocks west of Broadway.