If I was laid off and received 2 weeks severance for every year worked, plus paid benefits for 2 months, should I have a lawyer review the package before I sign?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was laid off and received 2 weeks severance for every year worked, plus paid benefits for 2 months, should I have a lawyer review the package before I sign?

I worked as a contractor for 2 years at this hospital before they hired me, they did not count those 2 years in my severance.

Asked on April 27, 2012 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, bear in mind that severance is NOT required by the law--it is up to employers whether to offer it, how much to offer, the rules for eligibility for it, etc. Therefore, the hospital is not required to count time spent as an independent contractor or freelancer in calculating severance, and is free to only consider your time spent as an employee. Therefore, you would seem to have no potential claim for additional severance for your time as a contractor.

Second, as you whether you should have an attorney review the package--bear in mind that a lawyer's review will probably cost you anywhere by $200 - $500 (possibly more, depending on the attorney); unless you have reason to think that there is something (other than severance for your time as a contractor; see above) which may be worth more than that which you are not currently being offered, it may be that it is not economically worthwhile to have an attorney's assistance in this case.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption