As far as most jobs go in our modern-day society, expecting to receive certain benefits is the name of the game. Most employees, or another form of worker, may expect their employer to grant them certain perks. Paid time off is one of the most common benefits and can be advantageous in numerous respects.
By taking a deeper look at the given contract, you may find other sections worth discussing. One of the more important ones to review before and even after your tenure in the area of severance. The package you are given must reflect what you and the employer desire.
If you think your severance package is unfair, here are some ways to determine if that is the case.
1. Determining Your Dismissal
The idea of severance is directly tied to how you were let go by your company. Sometimes, the reason for your termination can be simple enough. The situation can be far more complex and not end on good faith terms at other times. As a result, you need to get to the bottom of why you were dismissed.
This directly impacts the amount of severance that will possibly be paid out. For example, if you were dismissed on discriminatory grounds, you may even be granted less money. Should this be the case, it is clear that you were given the wrong severance amount. Always take the time to note down why exactly the dismissal occurred!
2. The Contract
One of the most important pieces of documentation in any working arrangement has to do with your contract. The various terms and conditions will be laid out in this document, and you will need to be acquainted with each. Moreover, you should always look for red flags that could impact the area of severance.
Many employment lawyers often state that termination clauses can be tricky to navigate. In some cases, they are not always enforceable, and they can be challenged accordingly if needed. If it appears that it will limit what sort of severance package you ultimately receive, make sure you take it up with a lawyer.
3. Contract Employees
As our modern-day workforce advances, so too has the classification of what constitutes an employee. Most employees who sign a contract will have what denotes their given severance contract in their contract. This becomes a bit more tricky to understand for those working on a contractual basis.
To best protect yourself, you will need to have the right documentation behind you in the event of a dismissal. For example, always keep records of employment in a safe area. You will need these for proof if you need to prove your case in court during proceedings. Even though you are a contract worker, your entitlement to severance can be just as valid!
4. Incorrect Severance Calculation
Some many factors and considerations go into how a severance package is created. Sometimes, this may even depend on whether or not the employee in question is unionized or not. For example, if the employee is not, factors such as the worker’s age, job title, and availability of employment will count.
Another important component of determining severance is the length of time it takes to find new employment. If there happens to be a dismissal, the agreed-upon severance package must compensate the employee fairly, so they have leeway before finding a job. If it doesn’t state that in a contract, it can be seen as unethical.
5. Deadline For Offer
More often than not, many employees will rush to accept a job offer as soon as the offer is made. Before you go ahead and take what is given to you, take a step back and carefully examine what that offer entails. It is in your best interest to always give the contract another review.
Regarding severance, make sure that you have enough time to go over every minor detail in it. Employers may give you a deadline for accepting the offer, which could pressure you to accept. However, take the time you need to feel as pleased as possible before taking it!
6. Professional Opinion
Particular areas in the severance section may be misconstrued. Or, you may not have enough legal insight into how contracts work. After that, you may overlook red flags.
That is why having the right legal backing is crucial. Employment lawyers will be able to guide you through the minutiae of severance packages to ensure you are being treated fairly. Their support is, therefore, invaluable when securing equitable compensation!