Workplace Legal represents companies, CEOs, CFOs, and other high-level executives and professionals in sensitive and/or complex employment termination negotiations.
We start by analyzing the factual circumstances surrounding the termination and the legal claims/defenses that could be in play. Then, we identify the points of leverage that can be exploited in the negotiation. Typically, leverage comes from either legal leverage, factual leverage, business leverage, or affect leverage. In most high-level terminations, at least one of these leverage points is present. And other leverage points might also exist. A thorough understanding and deployment of leverage is critical to a successful severance negotiation.
So, too, is an awareness of the real-world business issues that are in play. The employee wants a severance payment, of course. But other things might be even more important to the employee – we discuss those with each employee client we represent and then devise a negotiation strategy for obtaining them. Similarly, the employer often wants something from the departing employee – we discuss what that may be with each employer client and then devise a negotiation strategy for obtaining it. We work with clients to explore all of these goals and, where adequate leverage exists, to secure a resolution that accomplishes them.
Finesse is critical in executive severance negotiations because there is a lot at stake. There are often important business relationships and reputations in play that, if damaged, could lead either or both sides to litigation. At Workplace Legal, we are keenly aware of these real-world business issues, and we work hard to advocate for our clients while, at the same time, preserving their reputation and future relationships. We advise you continually throughout the process so you always know your next best alternative and can make an informed decision on when to compromise and when to litigate.