Severance Agreements Attorney Serving Atlanta, Georgia

It is a common practice for employers in Atlanta and other parts of Georgia to ask their departing employees to sign severance agreements. While offering a severance package is a gesture of goodwill when terminating employment, this doesn’t mean these agreements aren’t a serious matter.  

For years, Attorney Clifford Weiss at Fox & Weiss, P.A., has represented both employees and employers throughout the Metro Atlanta Area in termination-related matters, including reviewing, drafting, and negotiating severance agreements.  

Before you show a severance agreement to an employee or accept a severance package offered by your employer, it’s strongly advised to speak with an attorney. In fact, Fox & Weiss, P.A., offers free initial consultations, which means discussing your specific matter won’t cost you anything.  

The law firm is located in Atlanta, Georgia, but serves clients throughout Savannah, Macon, Fulton County, Cobb County, Gwinnett County, DeKalb County, Clayton County, Hall County, Forsyth County, Chatham County, and Bibb County. 

What Is a Severance Agreement?

This agreement is a contract between an employer and a departing employee outlining the terms of the employee's exit from the company. These agreements often come into play during layoffs, terminations, or voluntary resignations. The primary purpose is to provide financial compensation and other benefits to the departing employee in exchange for certain concessions, such as waiving the right to sue the employer. 

What Does a Severance Agreement Typically Include?

The exact terms of severance agreements can vary greatly from company to company and depend on the circumstances involved. However, there are several common elements that most agreements will include: 

• Financial compensation: This includes severance pay based on factors such as length of service, position held, and company policies. It may be a lump sum or distributed over a specific period. 

• Benefits continuation: Some agreements provide the continuation of certain benefits, such as health insurance or retirement contributions, for a specified duration. 

• Non-disclosure and non-compete clauses: These clauses prevent the departing employee from disclosing confidential information or joining a competitor for a certain period. 

• Release of claims: The employee is requested not to pursue legal action against the employer for issues arising from the employment relationship or the termination of the relationship. 

• Reference provision: Some agreements specify the nature of the reference the employer will provide to future employers, ensuring it is neutral or positive. 

By understanding these typical components, both employers and employees can better prepare for negotiations of the terms and conditions. However, the assistance of an Atlanta severance agreements attorney may still be necessary to ensure that the final agreement is fair, legally sound, and tailored to your specific needs and circumstances.   

Are Severance Agreements Required in Georgia? 

No, Georgia law doesn’t require severance agreements. While severance agreements are voluntary, they can be mutually beneficial. For employees, they offer financial security and a smoother transition to new opportunities. For employers, these agreements minimize the risk of future litigation and maintain goodwill with departing employees, which can positively impact a company's reputation. 

Common Reasons Employers Offer a Severance Package

Offering severance packages, which are voluntary in Georgia, is a strategic decision for many employers. Some of the most common reasons why employers might choose to provide these packages include: 

• Legal protection: By offering a severance package, employers can secure a release of claims, reducing the risk of future lawsuits related to wrongful termination, discrimination, or other employment disputes. 

• Employee morale and loyalty: Providing severance can foster goodwill and demonstrate that the employer values their employees, even during tough times. This can boost overall morale and loyalty among the remaining staff. 

• Smooth transition: Severance packages can ensure a smoother transition for both the departing employee and the company. They provide financial stability to the employee and encourage a more amicable departure. 

• Reputation management: Companies that treat their employees well during layoffs or terminations are more likely to maintain a positive reputation. This can be good for attracting future talent and maintaining trust among the remaining employees.  

Whether you are an employer or employee, you might want to work with a Georgia severance agreements attorney to draft or negotiate the terms of the agreement so that they serve your interests.  

Factors Affecting the Amount of Severance Pay

One of the most desired (for the employee) and difficult (for the employer) parts of the severance package is financial compensation, which is also known as “severance pay.” The amount of severance pay can vary widely based on several factors, including:  

• Length of service: Employees who have been with the company for a long time are often eligible for higher severance pay. This recognizes their contribution to the company over time. 

• Position and salary: Higher-ranking employees or those with specialized skills may receive more substantial severance packages due to the impact of their roles and the difficulty in finding comparable employment. 

• Company policies and industry standards: Some companies have established policies or adhere to industry standards regarding severance pay to ensure consistency and fairness. 

• Circumstances of termination: The reason for termination can also affect severance pay. For example, layoffs due to economic downturns might result in different severance terms compared to performance-based terminations. 

By understanding these factors, both employers and employees can approach negotiations of severance pay with a clearer understanding of what constitutes a fair and reasonable offer. 

Why Work With an Atlanta Severance Agreements Attorney at Fox & Weiss, P.A.?

Working with an attorney when you are asked to sign a severance agreement as an employee or need help drafting one as an employer offers a number of benefits. By hiring a severance agreement attorney at Fox & Weiss, P.A., both parties can navigate the process with confidence, ensuring a fair and legally compliant outcome.  

For years, employers and employees throughout the Metro Atlanta Area have sought the legal guidance of Attorney Clifford Weiss because of his dedication to providing first-class legal service. Here’s why individuals and companies who need help with severance agreements choose Fox & Weiss, P.A.: 

• Small firm with big results: Despite being a small firm, Fox & Weiss, P.A. has a proven track record of achieving excellent results for its clients. The firm’s personalized approach ensures that each client receives the attention and expertise they deserve. 

• Years of experience: Attorney Clifford Weiss and his team bring years of experience in employment law. Their deep understanding of the legal system allows them to provide insightful and effective guidance. 

• Balancing interests: For employers, Attorney Clifford Weiss can help create agreements that meet business needs while being fair to employees. For employees, the attorney can ensure that the terms are reasonable and that their rights are protected. 

• Tailored solutions: The law firm doesn’t believe in a one-size-fits-all approach. Because no two companies are alike and every employee has different circumstances, each severance agreement should be crafted to meet the specific needs and circumstances of the client.  

• Support every step of the way: From the free initial consultation to final agreement, Fox & Weiss, P.A. offers proactive guidance and comprehensive support. The attorney is dedicated to ensuring that their clients feel informed and confident throughout the process. 

Choosing Fox & Weiss, P.A., means partnering with a firm that has been praised by previous clients in testimonials for providing exceptional legal services tailored to each client’s needs and objectives.