6 Red Flags to Watch Out For In Your Severance Agreement
Severance agreements play a pivotal role during the termination of employment, offering a safety net as you transition to new opportunities. However, the devil is often in the details. Understanding the intricacies of these agreements before you sign them can safeguard your rights and future career prospects.
To ensure you’re protected as you transition out of a company, here are six red flags to watch out for in your severance agreement, and how BetterLegal can be an invaluable ally in this process.
Note: Run Your Severance Agreement Through BetterLegal Assistant for Free with $50 in Legal AI Credits
1. Vague Language
The importance of clarity in a severance agreement cannot be overstated. Vague terms and ambiguous language can lead to disputes and misunderstandings, often at times when you’re least equipped to handle them.
For example, if the agreement mentions “standard benefits” without specifying what these are, you might find yourself without critical health or retirement benefits you were counting on. Similarly, unclear definitions of “cause” for termination could leave you vulnerable to losing your severance pay on a technicality.
2. Release of Claims
The release of claims is a trade-off: in exchange for the severance package, you waive your right to pursue legal action against your employer for issues related to your employment. This is standard but scrutinize the breadth of this release. It should not cover claims that are not related to your employment or that arise after you sign the agreement.
For example, if you discover after departing that you were subject to pay discrimination, a too-broad release might bar you from taking action. It’s also vital to ensure the release does’t include non-waivable rights, like filing a claim with the Equal Employment Opportunity Commission (EEOC).
3. Non-Disparagement Clauses
Non-disparagement clauses are designed to protect both parties from harmful remarks post-employment. However, these need to be mutual and clearly defined. A well-crafted clause will protect your professional reputation, ensuring that potential employers don’t receive biased negative feedback.
Be cautious of one-sided clauses that prevent you from sharing your experience while allowing the company to speak negatively about you, potentially hindering your future job prospects.
4. Non-Compete Clauses
Non-compete clauses aim to protect the company’s interests by preventing you from joining a competitor or starting a competing business within a certain period and geographic scope.
However, overly broad or long-term non-competes can unjustly limit your career opportunities. They should be reasonable in duration and location, and directly related to the company’s need to protect its legitimate business interests. It’s worth negotiating these clauses to ensure they don’t unduly constrain your next career move.
5. Confidentiality Clauses
Confidentiality clauses protect sensitive company information, but they shouldn’t prevent you from using your overall industry knowledge or from discussing your employment conditions in general terms.
Overly restrictive clauses can make it challenging for you to discuss your work experience with future employers or colleagues, isolating you within your professional network and potentially impacting your career growth.
6. Lack of Adequate Consideration
Severance pay and benefits are supposed to compensate for your loss of employment and the rights you’re waiving. The package should reflect your tenure, position, contributions to the company, and the circumstances surrounding your departure.
An inadequately low offer, especially if it’s tied to stringent conditions or the relinquishment of significant rights, is a major red flag. It’s crucial to evaluate whether the severance is equitable and to negotiate for better terms if it isn’t.
Spot These Red Flags With BetterLegal Assistant
BetterLegal Assistant can help turn the daunting task of reviewing a severance agreement into a manageable one. Here’s how:
- Clarity and Understanding: BetterLegal’s AI-powered contract reader simplifies legal jargon, translating complex terms into plain language. This ensures you understand every part of your severance agreement, especially the fine print.
- Identifying Red Flags: Through its contract analysis feature, BetterLegal highlights potential issues and red flags within the agreement, such as vague language, unfair non-compete clauses, or inadequate compensation, enabling you to spot and address them effectively.
- Balancing the Scales: With BetterLegal, you’ll receive tailored insights into how to negotiate better terms for your severance agreement. It assesses the balance of the agreement, suggesting practical adjustments to serve your interests best.
- Empowerment to Negotiate: Equipped with knowledge and insights from BetterLegal, you can approach negotiations with confidence. Understanding your severance agreement thoroughly enables you to advocate for fair terms, safeguarding your future employment prospects and financial stability.
A severance agreement marks a significant transition in your professional life. Recognizing the red flags in your severance agreement is the first step toward ensuring that this transition is as smooth and beneficial as possible.
With BetterLegal Assistant, you can turn hours of legal scrutiny into minutes of clarity, ensuring that your severance agreement respects your rights and sets you up for the next chapter in your career.
