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Home > Employment Law > Severance Agreement

Severance Agreement Lawyer Serving Illinois

Employer Attorneys for Drafting Severance Packages

Whether you are an employer or employee, having the sound legal advice from an employer lawyer can help you or your business understand what the severance package should include, how much severance pay is appropriate and what obligations need to be in place to protect the parties. If you need help drafting, enforcing or negotiating the terms of a severance package, our Illinois employment lawyers want to show you why having a severance agreement lawyer who puts your best interests first can make all the difference. We believe your interests matter and want to help you succeed.

Terminating an employee is never an easy or pleasant experience, but is sometimes a necessity. To prevent unintended complications or consequences, it is important to handle the termination with caution and care. One way a business can end the term of an employment relationship is by offering a severance package to the terminated employee. A typical severance package may include a lump sum or multiple severance payments to the employee in exchange for the worker making certain agreements, such as waiving the right to file a lawsuit against the company. Other benefits to the employee can also be offered, so the types of severance offered and the protections to the employer included in severance packages can vary widely depending on the situation. However, care should be taken when preparing such a employment agreement, since a severance agreement prepared for one set of circumstances may not be what is best for the situation you are facing.

Are Employers in Illinois Required to Offer Severance Pay?

Since Illinois is an at-will employment state, an employer can terminate or an employee can quit a job at any time without giving notice to the other party. As a result, in many situations, Illinois employers are not required to provide severance pay or a severance agreement to their workers.

Even though not required to do so, there are several good reasons why employers in Illinois may choose to offer terminated employees a severance package. A major benefit is the offer of valuable severance pay and other benefits provided during the gap of employment following a termination. In exchange, the employer in a typical severance agreement benefits from having the worker agree to certain obligations, which may include:

  • Confidentiality requirements
  • Restrictive covenants
  • Release of claims
  • Non-solicitation to former coworkers
  • Refraining from publicly attacking the reputation of the business through social media or through other statements

Should I Talk to a Severance Agreement Lawyer?

If you are an employer and face a potential termination of an employee, it would be best to first consult with an experienced small business or employment lawyer at our firm about your best options. Our attorneys practice both employment and business law and can guide your business through an employee termination or multiple terminations, from responding to employee demands to taking legal measures to defend against foreseeable business litigation.

If you are an employee, having a lawyer review the severance agreement can help you fully understand the terms to which you are agreeing, and explain both the consequences and benefits. A severance agreement lawyer can also provide guidance on how to negotiate these terms by taking into consideration your history at the company, basis of termination and other important employment factors.

To talk to an Illinois severance agreement lawyer today, contact the employment lawyers of MacDonald, Lee & Senechalle, Ltd. at 847-310-0025.

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