Pro Bono review of simple separation agreement, NYC - necessary?

January 21, 2019 3:01 PM

I have a pretty straightforward separation agreement from my employer. Do I need a lawyer to look it over, and if so, where I can I find a free one?

The separation terms are really straightforward and no-fault (they're closing the NYC branch of my company altogether). There's a severance package and such. I do not anticipate anything really wacko in there. But I also don't have the legal wherewithal to be able to spot it if there is, and I also don't have the money to pay for someone to look at it for me. What are my options in NYC?

posted by EmpressCallipygos to Work & Money (8 answers total)

The Bar Association has a program with free 30 minute consultations that says they cover employment matters and it sounds like wanting to make sure you understand what you're signing is in their remit.
posted by hoyland at 3:15 PM on January 21, 2019 [3 favorites]

When a company I worked for in NYC laid off a bunch of people, everyone got the same agreement to sign unless you had a contract. It was a straightforward agreement that said if you keep company secrets secret, waive any claims against the company and non disparage, you got 2 weeks for every year of your employment. You had a choice to sign and get severance or not sign and not get severance. There was no negotiating. I suspect it is similar with your company.

My point is that no matter what a or your lawyer says about the agreement, the only option is likely to sign or not. If you have a big claim against the company, think twice before signing, otherwise the decision is severance or not.

This is what my brother the corporate (not employment) attorney said.
posted by AugustWest at 3:31 PM on January 21, 2019 [9 favorites]

There's no harm in getting a Monday Night Law consultation, but AugustWest is right, it's very likely to be a take-it-or-leave-it situation. Nonetheless, knowing what you've agreed to is always good.
posted by praemunire at 6:20 PM on January 21, 2019

There are a couple of things I would want to look for if I were you, like anything having to do with job references, disparagement, confidentiality, and non-compete clauses.
posted by schwinggg! at 7:11 PM on January 21, 2019 [1 favorite]

FWIW, the only time an employer offered me a separation agreement to sign, it was designed to strengthen the non-compete I'd already signed - but I needed a lawyer to tell me that, I couldn't identify it on my own before he pointed out the relevant clauses and their effect in combination.

(I did not sign it.)
posted by PMdixon at 9:29 PM on January 21, 2019

The lawyer can help you draw up the demand letter where you ask for more severance. Severance can be negotiated, especially if the employers opening number is piss poor.

If you are fine with the severance offer then it’s ok to DIY.
posted by crazycanuck at 12:11 AM on January 22, 2019

A free lawyer at a clinic is going to give OP about one-half hour of her time, which is unlikely to be sufficient to draft such a letter on top of reviewing the agreement and the situation. Hiring a lawyer to pursue further is only going to be worth it if it results in a significantly higher offer.

There is no real extra-contractual entitlement to severance in the state of New York, so OP is in position to negotiate only if the employer actually cares significantly about, e.g., noncompete. If OP is a pink-collar employee of some kind, as I infer but of course may be wrong, they are unlikely to care, as no matter how skilled OP is at OP's job, those skills are unlikely to be seen as distinctively menacing to the employer.
posted by praemunire at 9:38 AM on January 22, 2019

Response by poster: Praemunire: OP reporting in to ask: Can you say all that again, only pretend that I'm about twelve?
posted by EmpressCallipygos at 9:45 AM on January 22, 2019