Executive & Severance Negotiations
New Jersey Executive and Severance Negotiations Attorney
Charles Z. Schalk is a top-rated New Jersey employment lawyer with extensive experience representing employees in executive contract negotiations and severance agreement negotiations. Do not sign an employment contract—for severance or otherwise—unless you fully understand the terms and are confident it is in your best interests. If you have any questions about your options, we can help. Contact our New Jersey employment lawyer today for a confidential initial consultation.
Many Executives are Employed Under Contracts
New Jersey is an at-will employment state. Most workers are employed without a formal contract. Either party can terminate the relationship at any time. However, that is often not the case for executive employees—or at least it is not so straightforward. Many high-ranking executives in New Jersey work under a contract. As with an employment contract, an executive contract agreement can be negotiated. An experienced New Jersey executive negotiations lawyer can help.
We Represent Executives in Full Range of Employment Negotiations
Executive negotiations are complicated. Charles Z. Schalk is an experienced New Jersey executive agreement negotiation attorney with a commitment to helping clients obtain the best contract for their specific situation. Whether navigating initial employment agreements, renegotiating an existing contract, or discussing an exit strategy, we are here as a resource. An executive employment agreement should be comprehensive—and virtually all terms are subject to negotiation. Some of the most common terms include:
- Compensation: Total compensation matters. It includes base salary, stock options, bonuses, and any other forms of monetary support. It is essential to clearly define the criteria for bonuses and other performance incentives.
- Equity: Executives often negotiate for stock options or other equity interests as part of their compensation package. Equity is complicated. Any agreement should detail the vesting schedule, performance conditions, and the implications of early termination.
- Severance Terms: Negotiating severance is crucial to provide security for executives in case of termination. The agreement should specify severance pay amounts, the conditions under which severance is payable, and any remaining executive obligations.
- Non-Compete and Non-Solicit Clauses: These clauses protect the company by preventing the executive from joining competing firms or soliciting former clients and colleagues for a specified period after leaving the company.
- Role and Responsibilities: Clear definitions of the executive’s role, responsibilities, and the authority level are essential to prevent conflicts and misunderstandings. This aspect of the contract should align with the executive’s career aspirations and their strategic goals.
- Performance Benchmark: Regular performance reviews are often negotiated to set expectations and benchmarks for both parties. Reviews help in aligning the executive’s objectives with the company’s goals and provide a basis for performance reviews.
Severance is Not Guaranteed Under New Jersey Law
Leaving a job is never easy—even if you know it is the best option for your future. Severance can help to ease the transition. A severance agreement is a contract that provides some degree of benefits to an employee when they leave a company. To be clear, severance pay is not guaranteed under either New Jersey law or Federal law (Fair Labor Standards Act (FLSA)). In other words, no employee is entitled to severance pay unless there is an existing contract in place.
Still, many businesses and organizations offer severance pay to employees who leave a company. It is often through a negotiation between the employer and employee—and it offers benefits to both sides. When severance is provided, the departing employees may receive compensation, continuation of insurance coverage, and other benefits. In turn, an employee will often be required to sign a “release of claims” against the company.
We Represent All Employees in Severance Negotiations in New Jersey
The key point to know: Severance is not guaranteed. Your severance package comes from a negotiation. It is your choice as to whether or not you want to accept an agreement. Further, you also have the right to seek additional compensation—meaning a better severance package. Our top-tier New Jersey severance negotiations lawyer can help. Whether you are an executive, mid-level manager, or entry-level employee, Charles Schalk is a New Jersey severance negotiation lawyer who you can trust. Key issues that you should be prepared to consider and address when negotiating an agreement include:
- Compensation: Severance pay is generally calculated in “weeks.” An agreement will often include a number of weeks of additional pay for the employee.
- Benefits: An employee may receive continued benefits for a transition period. Most often, this includes some form of health coverage or reduced cost health coverage.
- Release of Claims: A severance agreement usually requires an employee to release all claims against an employer. If you sign the agreement, you cannot sue.
- Terms: A severance agreement in New Jersey may also include some additional contract terms, such as a confidentiality clause and/or a non-disparagement clause.
Why Trust New Jersey Employment Lawyer Charles Z. Schalk for Your Negotiation
Employment contracts matter. Whether you are an executive preparing to accept a new position at a major company or an employee who is leaving a job for a new opportunity, it is crucial that any agreement that you sign is truly in your best interests. Charles Schalk is a New Jersey employment lawyer with deep experience handling executive negotiations and severance negotiations. We take a proactive approach. Along with other things, Mr. Schalk is prepared to:
- Hear your story, address your concerns, and answer questions during a consultation;
- Carefully review any proposed agreement that has been presented to you;
- Advise you on your rights and responsibilities under a proposed contract; and
- Represent you in negotiations with an employer for more favorable terms.
Contact Our New Jersey Executive and Severance Negotiations Lawyer Today
Charles Z. Schalk is an employee rights attorney with deep experience handling executive contract negotiations and severance agreement negotiations. You need a contract that protects your best interests. If you have any questions about an employment contract negotiation, we are here as a legal resource. Contact us today to arrange a confidential initial appointment. We handle executive contract negotiations and severance agreement negotiations throughout New Jersey.
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