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Severance Pay

Charleston Attorney for Severance Pay Issues

Help with Reviewing, Negotiating, and Resolving Disputes And Claims throughout west virginia

Severance pay packages are characterized by a mixture of goodwill and employment law legal compliance. If the package does not live up to one or both of these characteristics, it may be time to talk to an experienced severance pay attorney near you.

At Rod Smith Law PLLC, our founder, Attorney Rod Smith has extensive experience on both sides of these negotiations. Before starting his own practice, he served as a defense lawyer representing the interests of employers and insurance companies. Our locations in Charleston and Morgantown allow us to handle matters in any part of our home state. Both our individual and employer clients benefit from our presence in the local legal community.

Severance pay is fact-sensitive and implications can affect you and your family for a prolonged period of time. Protect your interests by contacting an attorney who knows how to read and negotiate these documents. Rod Smith Law PLLC, based in Charleston, WV, provides skilled and discreet severance pay assistance throughout the state. To learn more, call our offices at (304) 406-7076.

For experienced guidance, reach out to a qualified Charleston severance pay lawyer near you at Rod Smith Law PLLC. Contact us online or call (304) 406-7076.

What is Severance Pay?

Severance pay is intended to be a cushion to ease a person and his or her family through a period of unemployment. It represents either a form of employee buyout (I will leave my job and not sue my employer if you pay me this amount of money) or a contractual agreement to pay compensation regardless of the reason for the termination (just cause, poor performance, breach of contract, etc.). As such, severance pay is complicated and influenced by the contractual arrangement between the employer and employee.

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Is Severance Pay Required By Law?

In the United States, severance pay is not generally required by federal law. Employers are not obligated to provide severance pay unless there is a specific agreement in place. Such agreements may stem from employment contracts, company policies, or collective bargaining agreements that stipulate severance pay terms.

While the Fair Labor Standards Act (FLSA) governs many aspects of employment, it does not mandate severance pay. However, certain state laws or regulations might influence severance pay requirements, typically tied to specific conditions or industries. It is crucial for employees to review any employment agreements or company handbooks that outline severance pay policies.

Severance pay may also be negotiated as part of a termination or separation agreement. Employers often use it as an incentive to finalize release agreements, where the employee agrees not to pursue legal action against the company.

Understanding your rights and any applicable agreements is important when facing job termination. Consulting with an experienced employment attorney can help clarify whether you are entitled to severance pay and guide you through the negotiation process to ensure fair compensation.

Will I Get Severance Pay?

This usually depends on several factors, including but not limited to the type of employment and the manner of termination. When an at-will employee's working relationship is severed for cause, an employer may feel no obligation to continue compensation. However, severance pay may already be provided under certain circumstances. Employees who leave voluntarily, due to retirement, or as the result of a layoff may receive severance pay packages. If so, it can be a good idea to have this documentation reviewed by a qualified professional.

Rod Smith Law PLLC possesses both the seasoned insights and confidentiality you would expect from a local attorney. Let us review your severance package documentation during a free consultation. We'll explain your options and what to look for. To get started, contact us now.

Speak with experienced severance pay lawyers in Charleston, WV at Rod Smith Law PLLC. Call (304) 406-7076 or complete our online form to secure a free consultation.

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