Employment Law
Should I sign what my employer put in front of me?
Not before someone has read it. A severance agreement is a contract that trades money for the permanent surrender of every claim you might have, and it is presented at the worst possible moment for careful reading. The terms are more often negotiable than people assume, and once signed the leverage is gone for good.
What this covers
- Severance agreements — what the release actually gives up, and what is negotiable
- Termination, and the difference between unfair and unlawful in an at-will state
- Discrimination and harassment under the New York State Human Rights Law
- Unpaid wages, final paychecks, and pay frequency
- Non-compete and restrictive covenant agreements
- Unemployment benefits after a separation
When it is worth a call
- You have been handed a severance agreement and given a deadline to sign it
- You were fired and something about the reason does not sit right
- Wages, commissions or a final paycheck have not been paid
- You are being asked to sign a non-compete, or an old one is being enforced against you
What colleagues and clients say
I trust Mitch to handle all of my real estate transactions as my Of Counsel and he always comes through and often produces results I never imagined.
I found Mitch when he jumped on a conference call that my boss and I were on with the landlord and his attorney for a prospective new location. Within minutes, he cut through all the BS and uncovered a treacherous situation we almost walked into. Immediately after the call, I told my boss, "We need this guy as our General Counsel." The rest is history.
I am Outside General Counsel for the Lagos Group, which consists of one restaurant in the heart of Times Square called Lagos TSQ, one in Harlem called Native and two restaurants in Brooklyn called Native.— Mitchell S. Drucker
It was totally like out of a movie — Lincoln Lawyer — the way you schooled them… They had no idea… We will definitely do more business. It was the best money we ever spent.
Mitch is an exceptionally skilled attorney whose professionalism, strategic approach, and command of the law were evident throughout all issues presented to him. Over the course of nearly two decades, I have confidently used Mitch’s services ranging from real estate transactions, to collections, to wealth management, to other personal matters; all handled with confidence and service that has never wavered. What particularly stood out was his attention to detail, responsiveness, and ability to balance a strong legal strategy with genuine consideration for his client’s concerns and objectives. He has an impressive ability to evaluate complex legal issues, anticipate potential challenges, and explain available options in a way that is both comprehensive and easy to understand. Mitch’s combination of legal knowledge, sound judgment, effective communication, and dedication to his clients makes him an attorney I would confidently recommend to anyone seeking sophisticated and reliable legal representation.
Prior results do not guarantee a similar outcome. Every matter is different and depends on its own facts.
Talk it through with Mitch
Bring the situation, not a diagnosis. A short conversation usually makes the next step obvious.