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GETTING LAID OFF?
MAYBE YOU SHOULD SEE AN ATTORNEY
From Mary Lyn Miller

You just got the word that you are going to be laid off. Your severance package determines how you will survive the coming months and how much time you can take exploring new opportunities. In other words, your severance package is critical to your well-being. 

Yet, most people think that whatever severance package their company offers is the only one they can take.

In fact, taking the package your company offers could cost you thousands. Shannon Foley, a Manhattan Beach attorney specializing in employment law, recently re-negotiated a client's severance from 8 weeks to 10 months - changing the package value from $27,000 to over $100,000. Obviously this made a large difference in her client's life.

When should a laid off employee seek the advice of an attorney? Shannon offers some important guidelines:

1. Anyone over the age of 40. Your company may call it "reorganization" or "downsizing", but if there is any possibility that you will be replaced by a younger person, it's time to re-negotiate your package.

In fact, by law, every severance agreement for those over 40 contains a written statement: "If you are over 40, you should consult an attorney before you sign this agreement." You have 21 days to review it and 7 days to revoke it.

2. If, after thoroughly reading your severance documents, there is anything you don't understand. If you don't want to read all that boring legalese material, be sure an attorney does. You may be signing away rights without realizing it.

"Most severance agreements are very one-sided," says Shannon. "You release all claims on them, but they can still come after you. At minimum, every employee should require a mutual release."

3. According to Foley, if you made decisions on the company's behalf, you need "indemnification" not usually included in most agreements. If your company is taken to court for activities you were involved in, you may need to appear on their behalf. You want to be sure you will be paid for your time and that the company will pay all your attorney fees.

4. If you want to know any rights you're giving up, contact an attorney. "Many employees are just so in shock and panic when they get laid off, they sign documents without realizing they are waiving rights to benefits they should have," says Foley. What might these be? Stock options, health benefits, outplacement services, to name a few.

Why don't people call an attorney? "Many people think the settlement will be pulled off the table, but that doesn't happen, " Shannon says. "I'm not saying it couldn't, but it hasn't happened since I've been in practice."

Of course I asked Ms. Foley how much this all costs. "Sometimes I charge by the hour; sometimes I work on contingency (taking a percentage of the settlement)," she said. But, if like her recent client, you increased your settlement by $73,000, I'm sure it would be worth it.

If you would like to contact Shannon Foley directly, call her office at 310-546-8160, e-mail her at lawfoley@aol.com or visit her website - www.shannonfoley.com.

Passionately,
Mary Lyn Miller

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