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How can I get severance or more severance? 

It is a common question that many of us may face at one point in our lives. You have been terminated, you do not know what is next for you, and you need as much money as possible to get by. Whether or not your termination was lawful or unlawful, you may be offered severance pay if you sign a severance agreement. Companies do this for various reasons, such as company morale, to kill possible legal claims, or to protect intellectual property and client lists. If you’ve been terminated and you believe it might have been unlawful, there are a few steps you can take to explore your options and potentially negotiate for more severance.

Do not rush to sign anything yet: Knowing your rights before signing a severance agreement is important. As a severance agreement, also known as a separation agreement, is a binding contract outlining the terms of a job termination, including what pay and benefits are offered in exchange for the employee agreeing not to sue the employer, if you breach it in anyway or change your mind later, you will likely be permanently barred from making claims in the future.

Consult with an Employment Lawyer: If you suspect your termination was unlawful for any reason, concerned about noncompete clauses or other contractual terms in the agreement, consider seeking advice from an employment lawyer in your state. They can review the details of your case, explain your rights, and advise you on the best course of action. An employment lawyer can also look over any other factors or documents such as your termination or layoff due to discrimination, sexual harassment, or retaliation. An attorney can also help negotiate with your employer using techniques and strategies that could result in more severance pay or other benefits.

Be Prepared to Take Legal Action: If you do have viable legal claims and negotiation methods are unsuccessful, you may need to consider filing a lawsuit against your former employer. Again, an employment lawyer can guide you through this process and represent you in court if necessary.

Remember to act promptly, as there may be deadlines for taking legal action or negotiating severance terms.

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About Kelly O'Connell, Esq.

New York Employment law attorney Kelly O’Connell brings impressive experience and successful case results to the O'Connell Law, PLLC. While in law school, Kelly was an executive editor of the Intercultural Human Rights Law Review, a journal that focuses on advancing global equality.  Additionally, she concentrated her studies on human rights law and served on the executive boards of both the Caribbean Law Students Association and Black Law Students Association. Throughout Kelly’s law school career and various legal internships, she has gained ample knowledge in the areas of civil litigation and discrimination law, including assisting in a multi-million-dollar race and gender discrimination case.  It is this experience and passion for helping others that Kelly brings to her practice as a lawyer. Attorney O’Connell brings this skillset with her to the employment law firm of the O'Connell Law, PLLC to help New York & Florida employees, in both Federal and State courts, in the areas of employment discrimination, sexual harassment, and contract disputes. As a zealous legal advocate for justice, Kelly believes in a hands-on approach and always working diligently on the details of a client’s case from inception through the solution, to ensure the best possible legal result. When not representing clients, you may find Kelly enjoying the great outdoors or running through Central Park.

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