Top Severance Agreements Mistakes to Avoid for Employees in Florida

Leaving a company can be challenging for any employee. A severance package can help to ease the process of transition. While relatively common, severance packages are not guaranteed as a matter of Florida law or federal law. They come from a negotiated agreement. In this article, you will find an overview of the top severance agreement mistakes that employees in Florida should avoid.

Mistake #1: Assuming the Severance Package is Non-Negotiable

You never have to accept a specific severance package. One of the biggest mistakes that employees in Florida make is assuming that a proposed severance package is non-negotiable. That is simply not the case. In reality, employers often expect at least some negotiation. A severance agreement is a contract. Similar to any other contract, both parties must voluntarily agree to its terms. You have the right to negotiate for a more favorable severance package and a top employment attorney can help.

Mistake #2: Signing a Broad Release Without Understanding the Scope 

Severance is not required by law. Why do employers in Florida offer? It could be appreciated for an employee’s years of service. Though, most severance agreements require the employee to sign a release of claims. It is a provision that bars the employee from bringing legal claims against the employer arising from the employment relationship or the termination itself. The scope of the release often extends to both known and unknown claims. Many employees underestimate the legal consequences. Some severance agreements contain especially broad language. Employers may attempt to include claims arising under Florida employment law and federal statutes such as Title VII of the Civil Rights Act and the Fair Labor Standards Act (FLSA).

Mistake #3: Overlooking Restrictive Covenants That Limit Future Employment

Severance agreements often contain restrictive covenants that extend beyond the employee’s final day of work. Employees sometimes focus on the severance payment and overlook these provisions. That approach can create significant professional consequences. Notably, Florida law is generally employer-friendly in terms of non-compete agreements. It will generally enforce the terms of a mutually-agreed upon non-compete agreement assuming that legal criteria are satisfied. 

Mistake #4: Rushing to Sign Without Seeking Professional Legal Guidance and Support 

You do not have to navigate severance negotiations on your own. One of the most common severance mistakes occurs when employees sign the agreement immediately after receiving it. Employers often present severance documents during an emotionally difficult moment. An employee who has just lost a job may feel pressure to resolve the situation quickly. That pressure can lead to rushed decisions. Be patient: Consult with a Florida employment attorney.

Get Help From a Florida Severance Agreement Attorney

As an employee who is negotiating a severance package, it is imperative that you have an agreement that effectively protects your legal rights and your best interests. An experienced Florida employment lawyer can answer your questions and help you find the best path forward.