New York Severance Lawyers, Castronovo & McKinney, LLC

Our New York severance lawyers will assist you in evaluating your severance package or agreement, and negotiate with your former employer to increase the amount of severance pay you are being offered.  We have reviewed thousands of New York severance agreements and possess the knowledge and experience to properly advise you.

At Castronovo & McKinney our NY severance lawyers will explain what each provision in the severance package means and the possible ramifications of signing the agreement with that specific section.  We will also inform you of sections that should be removed because they are unfair, illegal or which may prevent you from obtaining future employment or utilizing the skills that you have worked years to obtain.  We will also identify items that the employer has failed to include in the severance package.

Been Laid Off?

New York Severance AttorneyOur New York Severance Attorneys can also evaluate the reasons surrounding your termination and determine whether you may have a claim for violation of various New York Employment Laws.  This is our greatest source of bargaining power for increasing the amount of severance pay that you are being offered.  In the event that you have a possible claim, we can help negotiate an enhanced severance package increasing the amount of pay and length of health benefits.  We can also advise you whether you may want to pass on the severance agreement and file a lawsuit instead.

Need Help Negotiating Your Severance Agreement?

New York Severance AgreementsWe specialize in negotiating the terms of the severance package so that you receive additional compensation, health care coverage, and other benefits.  We will provide you with the necessary information to negotiate your severance agreement on your own, or you can retain us to negotiate the severance agreement for you.

We provide these services for a flat-fee. Call today and discuss your severance package with our experienced New York Severance Attorneys.

Call (646) 755-3781 for a free consultation

Are New York employees entitled to severance pay?

NYC Severance Labor Agreements

Generally the term “severance” refers to specific types of wages which may be due to an employee once an employment relationship is severed. There is no legal right to severance pay in New York state. However, if an employer has a policy of paying severance then the law requires the employer to abide by that policy if the employee qualifies. Residents of the New York Metropolitan Area should be familiar with the federal law called the Employee Retirement Income Security Act (ERISA), and local labor laws which govern the payment of severance.

New York employees are entitled to a copy their company’s severance policy; if terminated, they can contact their employer or the plan administrator to request a copy. This enables the employee to review the plan to determine if they qualify, and the amount of severance pay that may be due to them. When a plan administrator fails to provide an employee a copy of the plan, or fails to pay wages due, a lawsuit can be filed in federal or state court to recover the wages due. Generally, when severance is provided in a policy, it’s only distributed to employees that are laid-off rather than fired or terminated.

There are circumstances in which an employer might falsely claim an employee was fired/terminated rather than laid off. This creates grounds for a dispute or litigation over whether the employee was actually laid off or terminated. Lawsuits of this nature can be significant because the amount of wages owed can be quite large. For example, if an employer provides one month of severance for every year an employee works at their company, an employee of 30 years would be owed a significant amount of pay. This situation would justify fighting the employer, and filing a lawsuit to recover these wages. Also, when employees accept severance payments employers may insist on a release of all claims. A consultation with an employment lawyer or an attorney with expertise in labor agreements is highly recommended for people that find themselves in this circumstance. Severance lawyers can determine whether claims being released may be worth more than the amount of severance pay being offered.