Evaluating an initial severance offer requires systematically analyzing each component against industry standards, your specific circumstances, and potential legal claims—most employees can increase their initial offer by 20-50% through informed evaluation and strategic negotiation. The key is understanding that first offers are rarely final offers. Companies typically build negotiation room
Yes, you can negotiate your severance package, and most employers expect you to try. Studies show that roughly 70% of employees who negotiate their severance packages receive improved terms, with average increases ranging from 20% to 50% in total package value. The key isn’t whether to negotiate but understanding exactly
Yes, your former employer can and sometimes does retaliate against you after you’ve left – whether you resigned, were terminated, or retired. Post-employment retaliation happens when employers punish ex-employees for protected activities like filing discrimination complaints, reporting safety violations, or supporting a colleague’s harassment claim. This illegal practice typically takes
Yes, temporary disabilities can qualify for full ADA protection when they substantially limit one or more major life activities—regardless of how long they’re expected to last. The U.S. Court of Appeals for the Ninth Circuit’s May 2022 ruling reinforced that conditions like surgery recovery, broken bones, and serious illnesses requiring
Non-compete and non-solicitation clauses are restrictive covenants that limit your ability to work for competitors or contact former clients and colleagues after leaving your job. In New York, these restrictions must be reasonable in time, geographic scope, and industry limitation to be enforceable, and employers typically must provide additional compensation
The “severe or pervasive” standard determines whether workplace harassment violates federal anti-discrimination laws. You don’t need both—harassment must be either severe enough that a single incident creates an abusive environment, OR pervasive enough that repeated conduct fundamentally changes your working conditions. Courts evaluate severity by asking if a reasonable person
A release of claims in a severance agreement is a legal provision where you waive your right to sue your employer for virtually all employment-related claims in exchange for severance benefits. You’re typically giving up rights to pursue claims for discrimination, harassment, wrongful termination, unpaid wages, breach of contract, and
Yes, severance payments are fully taxable as ordinary income and subject to federal income tax (typically 22% supplemental withholding rate), state and local taxes, plus FICA taxes (7.65% for Social Security and Medicare) – meaning you could lose 35-45% of your severance to taxes depending on your location and income
No, in most cases, your employer cannot force you to retire based solely on your age—it’s been illegal since 1986 under the Age Discrimination in Employment Act (ADEA). If you’re 40 or older and working for a company with 20+ employees, federal law protects you from mandatory retirement, though narrow
The most common ADA violations include inaccessible entrances (missing ramps, narrow doorways), non-compliant restrooms (inadequate space, missing grab bars), insufficient accessible parking, service animal discrimination, failure to provide reasonable accommodations in employment, and inaccessible websites lacking screen reader compatibility. These violations can result in federal penalties up to $75,000 for