Losing a job is never easy, and when severance is offered, you may wonder if you’re getting a fair deal. Employers often provide severance agreements to protect their interests, not necessarily yours.
At Duddy, Goodwin & Pollard, our Worcester labor and employment lawyers help employees understand their severance rights and fight for fair treatment.
Whether you need guidance reviewing a severance package or negotiating better terms, a Worcester severance lawyer from our social justice-focused firm is ready to help. Call us today to review your legal options during a free consultation.
Understanding Severance Agreements in Massachusetts
Severance agreements are contracts between employers and employees that outline pay and benefits provided when a job ends. While Massachusetts law does not require employers to offer severance, many companies do it to limit their legal risks.
A severance agreement typically includes:
- A lump-sum payment or continued salary for a set period.
- Health insurance coverage continuation options.
- A release of legal claims against the employer.
- Non-compete or confidentiality clauses.
It’s important to carefully review these agreements before signing. Employers may use broad language that limits your ability to work in your field, restricts future legal action, or includes terms that benefit the company more than you.
For a free legal consultation with a severance lawyer serving Worcester, call (860) 999-9394
Common Issues in Severance Agreements
Severance agreements can contain legal pitfalls that may harm employees in the long run. Common concerns include:
- Unfair release of claims: Employers may ask you to waive your right to sue, even if you face wrongful termination, discrimination, or wage violations.
- Non-compete clauses: Some agreements restrict employees from working for competitors, limiting future job opportunities. The Massachusetts Wage Act (M.G.L. c. 149, § 24L) places restrictions on non-compete clauses, but many employees still face unfair terms.
- Unpaid wages and benefits: Employers may owe you final wages, bonuses, or unused vacation pay under Massachusetts Wage Act (M.G.L. c. 149, § 148).
- ERISA benefits: If your employer provides retirement or severance benefits under the ERISA, you may have additional protections. Our ERISA attorney in Worcester, MA, can help if your severance benefits are tied to retirement or pension plans.
Worcester Severance Lawyer Near Me (860) 999-9394
How Our Employment Severance Attorneys in Worcester, MA, Can Help
The team at Duddy, Goodwin & Pollard holds corporations accountable for how they treat their employees. When you work with a severance attorney in Worcester, MA, from our firm, we will do the following as we handle your case from start to finish:
- Review severance agreements: We will review the agreement to ensure the terms are fair and do not unfairly restrict your future employment or legal rights.
- Negotiate terms that work for you and your situation: Many employees don’t realize that severance is often negotiable. We fight for better pay, extended benefits, and fairer contract terms.
- Safeguard your rights: If your employer violated wage laws or engaged in wrongful termination, we explore all legal options, including filing claims under state and federal employment laws.
- Advocate for fair ERISA benefits: If your severance package involves retirement or pension funds, we ensure that you receive the benefits you are entitled to under ERISA the Employee Retirement Income Security Act (ERISA).
- Handling disputes with employers: If your employer refuses to provide fair severance pay, enforces unfair contract terms, or retaliates against you, we will fight to resolve the dispute through negotiation or legal action.
- Guiding your case: We ensure you fully understand your rights, explain legal options clearly, and answer any questions you have throughout the severance negotiation or dispute process.
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Do I Have to Accept a Severance Package?
No. You are not required to accept a severance package, and in many cases, it may be negotiable. Employers often provide severance to avoid potential lawsuits or disputes.
We will evaluate your agreement and determine whether it’s fair or if better terms can be negotiated. Call us today to discuss your next steps with our severance lawyer in Worcester, MA.
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How ERISA Protects Workers Against Retaliation
ERISA provides important protections for employees who participate in employer-sponsored benefit plans, including pensions, 401(k)s, and severance packages.
One of ERISA’s key protections is that it prohibits employers from retaliating against workers for asserting their rights under the law.
What Does ERISA Retaliation Look Like?
Employers cannot punish employees for:
- Requesting benefits they are entitled to under a plan that ERISA covers.
- Filing a claim for retirement, disability, or severance benefits.
- Challenging a wrongful denial of benefits.
- Providing information in an ERISA-related investigation.
- Testifying in a case involving ERISA violations.
Retaliation can occur in various ways, including firing, demotions, reduced hours, loss of benefits, or workplace harassment. If you believe your employer has taken action against you because you exercised your ERISA rights, you may have legal options.
How Our Worcester ERISA Attorney Can Help
If you’ve been retaliated against for seeking severance benefits or other ERISA protections, our Worcester workplace retaliation lawyer will help you:
- File a complaint with the U.S. Department of Labor (DOL) or pursue legal action under ERISA.
- Seek compensation for lost income, benefits, and damages caused by retaliation.
- Challenge wrongful denials of severance benefits tied to ERISA plans.
- Hold your employer accountable for violating federal employment laws.
Employers should not be allowed to intimidate workers into giving up their legal rights. If you’ve experienced ERISA-related retaliation, Duddy, Goodwin & Pollard is ready to fight for you. Contact us today to speak with a knowledgeable severance lawyer in Worcester, MA, about your rights.
Frequently Asked Questions About Severance Agreements
Severance agreements can be complex matters, and many employees are unsure about their rights when offered one. Below are answers to common questions about severance pay, negotiations, and legal protections.
If you have additional concerns, our Worcester severance attorneys can review your situation and provide personalized advice.
What Should I Do Before Signing a Severance Agreement?
Before signing, our employment attorney will review the terms to confirm that you are not waiving important rights. We can also determine whether the offer you receive is fair.
Can I Negotiate My Severance Package?
Yes. Many employers expect negotiations, so our firm’s lawyers will help you seek better terms, including increased compensation, extended benefits, or removal of restrictive clauses.
What If My Employer Violated Massachusetts Labor Laws?
If your employer violated wage laws, engaged in discrimination, or wrongfully terminated you, signing a severance agreement may prevent you from taking legal action.
Consulting with an attorney who understands employment severance packages is important before signing is important.
Can My Employer Stop Paying My Severance After I Sign the Agreement?
In most cases, once you and your employer sign a severance agreement, it becomes a legally binding contract. If your employer stops making payments or fails to provide the agreed-upon benefits, they may be in breach of contract.
You may have legal options to enforce the agreement and recover what you are owed. We will review your contract and take action if your employer is not honoring the terms.
Our Worcester Severance Lawyer Will Fight for Your Rights
If you need help reviewing, negotiating, or challenging a severance agreement, contact Duddy, Goodwin & Pollard today. At Duddy, Goodwin & Pollard, we believe in fighting for fairness and holding corporations accountable.
Unlike many firms, we focus on labor and employment law, ensuring that employees receive the legal support they deserve. Our firm works on contingency, meaning you pay nothing upfront.
If your employer is offering a severance package, don’t sign anything without consulting an attorney. We are ready to discuss your situation. Call us now for a free consultation.
Call or text (860) 999-9394 or complete a Free Case Evaluation form