This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Reston Town Center that specializes in federal employee, security clearance, retirement, and private sector employee matters. They write weekly on Reston Now.

We often advise executives and employees on how to best handle their severance agreements. The following are a few most commonly asked questions when a severance agreement is offered to an employee by an employer or when an employee wants to request a severance agreement from an employer.

What is a severance agreement?

A severance agreement is essentially a contract between an employee and an employer that specifies the terms of an employee’s departure. The main terms of the severance agreement include compensation for the employee and his or her release from pursuing any legal action against the employer. Severance agreements are sometimes offered to employees who are laid off or pending retirement. In addition, depending on the circumstances, a severance agreement may be offered to an employee who resigns or is terminated. The severance agreement must have consideration or something of value to which the employee is not already entitled.

Are employees entitled to severance agreements?

Generally, employers are not obligated to provide employees severance pay unless it is stipulated in an employment agreement or the employer provides it to employees according to the employer’s general practice or policy. Most employees are considered “at will,” which means they can resign or be terminated at any time.

How can employees obtain a severance agreement?

There are various ways in which severance agreements are obtained:

• An employee is terminated and the employer then offers a severance agreement;
• An employee has been terminated, no severance agreement was proposed by the employer, but the employee approaches the employer seeking one;
• An employee alleges or has filed a wrongful termination, discrimination, or other claim, and the employee and employer ultimately agree to resolve matters through a severance or settlement agreement; or
• An employee wants to resign and seeks to negotiate severance with the employer. Read More

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Reston Town Center that specializes in federal employee, security clearance, retirement, and private sector employee matters. They write weekly on Reston Now.

We often advise employees on how to best handle their employment problems in the workplace either while they are developing or after an adverse employment action. It is important for employees who are experiencing workplace problems to stay focused and calm while issues are developing and to follow some general guidelines. Here are 10 tips:

1. Relax.

When facing employment issues, don’t get visibly upset in the workplace. For instance, if you are meeting with Human Resources (HR), it is important to remain calm during the HR meeting. As difficult as it may seem at the time, it is important to stay calm even when dealing with significant employment issues. It generally is not helpful to argue with HR or a supervisor over an employment issue that arises. Doing so can put an employee at risk for discipline, placement on leave, or even retaliation. Listen to what HR or the supervisor has to say, remain non-committal about any allegations, but indicate a willingness to cooperate and work out any employment problems, if at all possible.

2. Don’t Post About Employment Issues on Social Media.

It is highly recommended that an employee not post his/her employment problems on social media (e.g., Facebook, Twitter). Employees often forget who they have friended in the social media realm or haven’t adequately set privacy settings. Despite having set privacy settings adequately, there still may be an extended audience (e.g., friends of friends) who are privy to the employee’s posts.

Our firm often sees insubordination or misconduct cases involving posts that employees have placed on their social media accounts about issues in their employment (or about a particular supervisor) that have somehow been forwarded on to the employer or supervisor involved. Employers and their attorneys have simply become more adept at obtaining this type of information. Read More