Monday, March 10, 2008

Lawyers do complicate matters in negotiating severance packages for laid-off employees

Lawyers “do not” complicate matters in negotiating severance packages for laid-off employees.

This is a direct statement that is both true and accurate.

Indeed, employment lawyers help simplify matters and get results when the parties were not able to.

The employment lawyer’s task in the negotiation process was merely to improve the offer of the company executives. This was the highlights of the services of a lawyer in the negotiation table, at all times.

The job on the employment lawyer is to mitigate the effect of the lost of employment. Their goal is to keep the process professional so that both parties can move on with their lives or business in its normal course.

Most employment lawyers indeed applied and used the incremental approach in dealing with laid-off employee’s severance packages. This is of course not a biased move especially in the negotiation process.

This is only a matter of adherence which the employment lawyers advocated.

As understood, in the United States setting, there was no legal requirement for a company to place a severance pay policy. Like many jurisdictions, the United Sates law does not provide a strict government regulation in this matter.

Customarily, provisions for severance packages were outlined in the company’s policy respecting employment.

Whenever, an employee retires or was laid off, the company is bound to honor the provision in their company-made policy and consequently would pay the employee who retired or was laid-off.

Nevertheless, if the company does not provide one in their policy, especially to the laid-off employees they would be left empty pocket upon their exit.

In the latter instance, that is where the employment lawyer would enter into the picture to at least provide those laid-off employees a sort of compensation at the interim period while he/she was economically drain.

Actually, the employment lawyers would help negotiate for a better package. They normally stay at the background of the negotiation and usually coach either party to achieve the best result.

Employment lawyers would help either party comprehend the dynamics of the negotiation. They help identify potent legal and business factors that would motivate the company executives to give a severance pay or if there was an existing severance package, to increase the same.

With this enlightenment, it is not safe to assume that lawyers make things worst, instead they make the battle even.