When transitioning between jobs due to a layoff or termination, a severance package can help alleviate the financial burden. While employers are not required to provide severance packages, your employer may have a formal or informal policy regarding severance agreements. If you are expecting a severance package, you should discuss it with HR to know what to expect.
If you feel as if your severance package should be more, have questions about the clauses in your severance agreement, or you want to weigh out your options, we recommend speaking to our employment lawyers at your earliest convenience.
Can My Employer Change My Severance Amount?
Yes, your employer can change or even cancel your severance amount if you do not have a contract detailing how your severance package is calculated. If you do not have an agreement, you employer has full discretion to determine how much to offer, to change the offer, or to simply not offer a severance package. However, if you have a contractual agreement surrounding the severance agreement, or you have already signed the severance package, and your employer does not comply with those terms, you may have a claim. The Pearson Butler team can help you determine if you are entitled to a severance package and what additional options are available to you.
Can I Sue?
If you believe you have a claim against your employer for harassment or discrimination, you should discuss your situation with an employment law attorney prior to accepting or rejecting your severance agreement. If you choose to accept the severance package, it is likely that the agreement will have you release all potential claims against your employer. Most employers make the decision to pay severance packages to limit the possibility of being sued in the future by a former employee. If you have signed a severance agreement, you may have waived your right to file a lawsuit against your former employer. It is advised that you seek legal guidance if you wish to proceed with a lawsuit.
Utah Employment Law Attorneys
Your exiting process should go smoothly, but sometimes an employer can make things more difficult. If you feel as if your worker’s rights are being violated you should seek an employment attorney before your severance agreement expires. The Pearson Butler team has a distinguished history of advocating on behalf of employees around the state of Utah. Let our legal team assist you today.
Give our office a call at (800) 265-2314 or visit our Contact Us page to get started on your consultation.