How We Can Help With Separation Agreements
No matter how it is said; nor whatever nicety is used, being told that you are about to lose your "job", and therefore your livelihood, hurts. Even the word "job" carries inadequate connotation for many executives and highly compensated individuals. After all, it's not just a "job" -- with it may go your status in the working community, your status in the community in which you live, your spouse's status, your income stream, your financial and emotional security and your well-planned future. The loss of employment places all of those factors, and more, in play.
The law is not good at second guessing management, personnel and business judgments -- even if misguided or wrong. The law also tries to stay clear of pronouncements on moral and ethical standards and lapses. Thus, rights, strategy and leverage are the name of the game -- your moral outrage, or the genuinely righteous indignation of your peers, subordinates or colleagues, just aren't worth all that much -- at least in terms of dollars in the separation package.
The Arfa Firm will assist and guide you through the process of separation. There are legal issues which must be evaluated and separation terms which must be negotiated. That's where this firm comes in. The Arfa Firm is an experienced practitioner of transitional management. The first step in any separation is to evaluate your legal position and determine your legal rights and obligations.
Be Sure You Know The Rules !
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Should you sign a Release? |
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Is an oral contract enforceable? |
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Are you entitled to severance pay? |
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Are you entitled to a pro rata bonus? |
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Are you entitled to the balance of your contract? |
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Are you entitled to be paid for unused vacation days? |
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What happens to your stock options and grants? |
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When will your health insurance coverage stop? |
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Can you collect severance & unemployment benefits? |
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Can you get back your rolodex, address and e-mail file? |
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Who owns your work product/intellectual property? |
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What information are you obligated to keep confidential? |
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Can your former employer enforce a non-compete you signed? |
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Can you be stopped from soliciting former customers? |
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Can you be stopped from soliciting former co-workers? |
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Can you keep the firm's computer you have at home? |
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Do you own company data in your laptop computer? |
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Can your former employer read your e-mails? |
Once that is done, The Arfa Firm can assist you in evaluating the strength of your negotiating position; or your litigation position in the event negotiations are not successful. Ultimately, success in negotiating your enhanced separation terms rests upon your ability to accurately evaluate the strength of your position - the "JUICE" you bring to the table and how to best leverage it.
This requires a dispassionate analysis. Preparation of what the business people call a "business plan" - only now its personal. Unfortunately, no matter how talented you are, your objectivity has likely gone out the window.
The Arfa Firm has been there with clients many, many times before. The firm can guide you through the legal thicket and help you develop the analysis and strategic game plan -- in other words, evaluate your JUICE, define the strategy and craft the business plan.
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