NELA
The Chicago Bar Association

Try to Objectively Assess the Situation

And Take Into Consideration What Leverage (Positive Arguments and Negative Arguments) You may Have that may Result in the Employer Agreeing to Have You Receive More and Better Severance

Positive arguments are accomplishments that you have achieved during your Employment that the Employer may not have fully considered when the Employer was deciding on what severance to offer you. Some examples of this are longevity (e.g. a 20-year employment), bringing in much sales/ profits for the Employer, etc.

Negative arguments are potential legal claims (such as discrimination, retaliation, breach of contract) that you may have that the Employer may be liable for. It is very important for you to be able to accurately assess the strengths and weaknesses of your potential claims and of the Employer’s potential defenses to those claims.

  • Knowledge of the facts and the law is critically important.

An attorney experienced in employment law, employment litigation, and negotiating severance agreements (such as myself) will be able to best objectively assess your situation.

Likewise, an attorney well-experienced in handling employment/ severance matters (such as me) will be best able to persuasively present to the Employer such positive and negative arguments/ facts, and potential legal claims, so as to maximize the amount of severance/ increased severance that you may receive (as well as to well take into consideration the non-monetary terms that can make all the difference to your future).

While an attorney would be the best person for you to consult with, at a minimum you should at least speak with trusted friends and family toward getting a proper perspective of the situation and better seeing and understanding your options, and how best to proceed.

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