Thursday, February 19, 2009

Severance Lawyers in Pennsylvania Who Review and Negotiate Severance Agreements

Do You Have an Employment Agreement Providing for Severance Pay?
Or, is There a Consistently Applied Practice?
Or, Perhaps a Written Company Policy?

Employees are not guaranteed severance under state or federal laws

There is no state or federal law that requires an employer to pay Severance to an employee. Rather, any 
severance obligations owed by the employer are created by the employer’s own policies and/or a contract with an employee.

This means that, generally, an employer is not required to pay an employee Severance unless there is a written company policy in place providing for Severance payments to departed employees and/or unless the employer has promised to pay Severance to the employee in accordance with an Employment Agreement or Separation Agreement. A company practice of paying severance, if ignored where an employee is concerned, can be grounds for a discrimination claim and at the very least provides a sound basis for negotiation!

If the employer has agreed to pay Severance to an employee and fails to do so, this would constitute a Breach of Contract. A failure to honor a promise to pay an employee Severance is actionable under the Wage Payment and Collection Law. This powerful, pro-employee statute. 

HERE ARE SOME OTHER LINKS YOU MAY FIND WORTHWHILE:

Should I Hire a Lawyer for My Unemployment Appeal Hearing in Pennsylvania?

Pennsylvania Unemployment Lawyer - Willful Misconduct Referee Hearings

Pennsylvania Unemployment Determination of Financial Eligibility - PENNSYLVANIA UNEMPLOYMENT LAWYERS

How Do I Complete an Application for Unemployment Compensation Benefits in Pennsylvania - Did I Resign or Was I Fired?  What is a Reduction in Force Versus a Layoff?

 The Burden of Proof in a Pennsylvania Unemployment Appeal Referee Hearing

Voluntary Retirement and Unemployment Compensation in Pennsylvania - Am I Entitled to Benefits if I Retire From My Job? 

YOU CAN GET PARTIAL UNEMPLOYMENT COMPENSATION IN PENNSYLVANIA IF YOUR EMPLOYER REDUCES YOUR HOURS OR MAKES YOU A PART-TIME EMPLOYEE

 

Can I Get Unemployment In Pennsylvania If I am Working a Part-Time Job? How Much Can I Earn in a Part-Time Job Without Losing Unemployment Benefits?

Unemployment Compensation Rules for Pennsylvania Public School Teachers, Administrators, Principals and Employees

What is My Base Year Under Pennsylvania's Unemployment Law?

HOW DO I COMPLETE AN APPLICATION FOR PENNSYLVANIA UNEMPLOYMENT BENEFITS - SOME KEY TIPS

SEVERANCE PAY, SETTLEMENTS AND PENNSYLVANIA'S NEW UNEMPLOYMENT LAW

Severance and Pennsylvania Unemployment - Doing the Math

Voluntary Severance Offers - How to Negotiate and What to Look for When a Company Offers Severance

Secrets to Severance Negotiations in Pennsylvania Revealed:  Philadelphia Employment Lawyers' Guide to Severance Laws and Strategies

Should I Sign a Severance or Separation Agreement Requiring Me to Consent to a Non-Competition Restriction?  Pennsylvania Employment Lawyers Discuss

I am Being Offered Severance But Asked to Sign a Non-Compete in Pennsylvania - What Should I Do?  Pennsylvania Employment Attorneys Explain

Negotiating an Employment Contract When Relocating to Pennsylvania or Quitting One Job to Take Another - Philadelphia Area Lawyers Who Help Negotiate Employment Contracts

What is ERISA, Anyway?  Philadelphia Area Lawyers Explain Employment Retirement Income Security Act - Severance and LTD Benefits Often at Issue

SEVERANCE PAY, SETTLEMENTS AND PENNSYLVANIA'S NEW UNEMPLOYMENT LAW

Finally, sometimes an employer will offer a departing employee Severance even where there is no company policy in place, and even where prior to the employment termination there was no contract between the employer and employee whereby the employer promised Severance to the employee. Often, employers offer such Severance in order to obtain a Release from the employee prohibiting a future lawsuit. You should seek counsel if your employer offers you Severance upon the termination of your employment.

Although the law is not abundantly clear on this point, our firm takes the position that Severance payments do not count as wages, and therefore do not preclude or in any way inhibit an employee's right to Unemployment Compensation.

Philadelphia Area Employment Attorneys Representing Employees

We are employment lawyers who represents employees in Pennsylvania. 

We typically represent employees who need an employment lawyer in Philadelphia County, Chester County, Delaware County, Bucks County, Berks County, Lancaster County and Montgomery County.

Pennsylvania Employment Attorneys Provides Free Telephone Consultations

If you are looking for an employment lawyer, and live in Ardmore, Telford, Ambler, Cheltenham, Ft. Washington, Lansdale, Blue Bell, Germantown, Chalfont, Plymouth Meeting, Honeybrook, Pottstown, Boyertown, Drexel Hill, Trainer, Willow Grove, Horsham, North Wales, Conshohocken, Glenside, Montgomeryville, Hatboro, Harleysville, North Wales, Souderton, Jenkintown, Gilbertsville, Downingtown, Lionville, Collegeville, Phoenixville, Northeast Philadelphia, Oaks, Royersford, Springfield, Lower Providence, Malvern, Yeadon, Wayne, King of Prussia, Downingtown, Upper Gwynedd, Wyncote, Glenside, Narberth, Doylestown, Trappe, Radnor, Berwyn, Bryn Mawr, Wayne, Newtown Square, Exton, Center City Philadelphia, West Chester, Skippack, Langhorne, Haverford, Newtown Square, Nether Providence, Broomall, Drexel Hill, Reading or any of their surrounding towns, feel free to send us an e-mail via our Contact Form or give us a call at 610-647-5027.  We are always glad to spend some time with people via a free telephone consultation.

Thanks for checking in with us.