Unfortunately, under Nevada law, severance pay is not required and many employees who can expect severance pay learn that they are being denied this important benefit. If you think you are entitled to severance pay based on your employer`s commitments, the terms of an employment contract, or the employer`s policy, you should call an employment attorney in Las Vegas as soon as possible. Our legal team will assess your situation and inform you of your rights to severance pay. Sometimes an employer requires a dismissed worker to sign a separation agreement that does not offer severance pay, but binds workers to prohibitions of confidentiality or non-competition, or requires the worker to waive his or her right to take legal action against the employer in the future. In this article, I highlight five points that I think all people who negotiate a redundancy agreement, whether they are a worker or an employer, should have every interest in. Declassifications in termination agreements usually include listed statutes under which rights can be claimed, but for which the worker waives any such rights. The commonalities mentioned in these agreements are discrimination on the basis of disability (ADA), discrimination based on sex, sex, sex, religion and national origin (Title VII), discrimination on the basis of age (ADEA) and fmLA. It is also important to mention all state legal equivalents of federal laws, as failure to name them in a recourse authorization could give rise to litigation on these matters. I was admitted as an attorney in Nevada, Washington and Oregon. I spend most of my time in Nevada and have written a blog post that is available here for Nevada-specific information on non-compete rules. If you live in another state, I`m sorry, but I don`t have a blog post for you about it, but you could probably Google « competition bans [insert state] » and find a useful contribution. Many separation agreements also do not contain important provisions for your protection. For example, many agreements do not describe how the company will handle referrals when potential employers call.
Including such a clause can help protect you and help you know what to expect when looking for a new job. If any of the above applies and no severance pay has been offered, the employer is violating a legal agreement and an experienced lawyer may claim the severance pay to which a worker is entitled. If an employer still refuses to keep the promise of severance pay, our attorneys may require the Nevada courts to impose the employment contract and pay such severance pay. It is important to carefully check a termination agreement to ensure that your interests are protected after signing. In some cases, employees can negotiate before signing for more money and/or better terms. For an affordable flat fee, we can check your start-up agreement to help protect yourself and avoid costly mistakes if you decide to sign an agreement. We can also determine if trying to negotiate for better terms is a good idea. In some cases, you can negotiate with your employer for a higher amount of severance pay or more advantageous provisions for you. Or you may be entitled to a higher amount or certain benefits if the employer promised these things in a manual or contract you signed. Most severance pay has standard terms that promise to pay a certain amount of dollars to an employee out of gratitude for an employee`s service and compensate for the termination. While the law does not provide for the right to such a salary, an employer`s actions may legally give entitlement to a set of severance pay.
Getting a severance pay agreement or package that is fair and maximizes benefits for you is critical to your economic security when leaving a position. . . .