St. Louis Severance Attorneys
Missouri Law Firm Fighting To Get You Fair Severance When You Are Fired
Employees would often prefer to obtain a fair severance than to file a lawsuit when they are terminated. What they need is adequate resources to support themselves and their families while they look for their next job. Many of our clients would prefer to get a fair severance package and move on. We are here to help you achieve that outcome if it is your preference. Whether it is to get you severance when none has been offered or to get you more severance when your employer offers inadequate severance.
Many companies offer at least some severance to employees who they terminate. Some executives and members of upper management negotiate severance in the event of their involuntary departures as part of their employment agreements. In almost every case, you are required to sign a release of claims to get that severance and that means you may never sue the company for any illegal treatment you have experienced.
Sometimes the severance offer is not adequate to compensate you for the release of potential legal claims and sometimes it does not recognize the contributions you have made to your employer’s success.
If your employer is refusing to provide fair severance or refusing to provide the severance promised in your employment agreement for any reason, do not hesitate to get in touch with Sedey Harper Westhoff. And please DO NOT SIGN the severance agreement you are offered if you want to consult with one of our employment law attorneys. We can only help you if you see us before you sign. We only represent employees in severance cases – never employers.
Our firm has over 40 years of legal experience we can bring to your case. Whether your employer is a small business or a Fortune 500 company, we are seasoned and aggressive litigators who are not afraid to go to court. And we also understand that you may prefer an early resolution of your dispute.
If your employer is signaling that they may not issue the severance you deserve or were contractually promised, do not wait to get legal advice. Contact us online or call (314) 819-0963 today.
Frequently Asked Questions About Executive Severance in Missouri
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What Is the Typical Timeline of an Executive Severance Lawsuit?
The timeline of an executive severance lawsuit typically unfolds in several key stages, each of which can vary in duration depending on the complexity of the case and the willingness of the parties to negotiate. Initially, we may attempt to negotiate with your employer and emphasize our willingness to take formal legal action if your rights are not honored. The involvement of an experienced attorney may compel some employers to rescind their denial and issue promised severance pay.
If filing a lawsuit becomes necessary, the process begins with the filing of a legal complaint, where our team articulates the basis of your claim and the specific breach you allege. Following the complaint, the discovery phase commences, during which both parties gather evidence, exchange documents, and conduct depositions to build their respective cases. This phase can be extensive, particularly if the case involves intricate details or numerous contractual ambiguities. Once discovery is complete, you and your employer may mutually opt to enter mediation or settlement negotiations to resolve the dispute without proceeding to trial. If a settlement cannot be reached, the case moves forward to trial, where both sides present their arguments before a judge or jury. This stage can be lengthy due to procedural requirements and the complexity of legal arguments involved. Finally, after a judgment is rendered, there may be post-trial motions and potential appeals, further extending the litigation timeline as both parties seek a favorable outcome.
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Can I Represent Myself in an Executive Severance Lawsuit?
While you have the right to represent yourself in an executive severance lawsuit, doing so is generally not advisable due to the complex nature of these legal disputes. Executive severance cases encompass intricate contract language, nuances of employment law, and strategic negotiation tactics that require comprehensive legal knowledge. Without professional guidance, you might struggle to interpret contractual ambiguities effectively or miss opportunities to present compelling evidence.
Furthermore, self-representation may place you at a disadvantage against opposing counsel, who likely possesses extensive experience in employment litigation. The legal system's procedural complexities can also be overwhelming, making it difficult for someone without formal training to effectively navigate the stages of discovery, mediation, and trial effectively.
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Is the Non-Compete Clause in My Missouri Executive Severance Package Enforceable?
The enforceability of a non-compete clause in a Missouri executive severance package hinges on several factors, requiring careful examination under state law. In Missouri, non-compete agreements are generally enforceable if they are reasonable in scope, duration, and geographic area. To be considered reasonable, the clause must protect your former employer’s legitimate business interests, such as confidential information or customer relationships, without imposing unnecessary restrictions on your ability to work. Additionally, the agreement's terms must be clear and not overly broad in defining what constitutes competition. If the restrictions are deemed excessive, a court may modify or invalidate the clause. Our team at Sedey Harper Westhoff can also assist with non-compete agreements and walk through your options if you are concerned about the potential impacts of these clauses.
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Can I Negotiate My Severance Package After Signing It?
Once you have signed a severance package, negotiating its terms becomes significantly more challenging. The act of signing typically indicates that both parties have agreed to the terms, effectively finalizing the agreement. At this stage, your leverage in negotiating modifications is greatly diminished. Your employer is under no obligation to amend terms that were previously agreed upon, especially if the contract was mutually executed in good faith. The key reason for this is that signing a severance package often includes a release of claims, whereby you agree not to pursue further claims against the company. Unless there are exceptional circumstances that call for reconsideration – such as evidence of fraud or willful misrepresentation – you must generally accept the package as it stands once it has been signed. This underlines the need to get legal advice before signing any severance agreement, especially if you feel the amount offered is inadequate.
- We advise you about whether you have a case and how strong it is.
- We help you negotiate for severance or a better severance package.
- We file charges for you with the Equal Employment Opportunity Commission, the Missouri Commission on Human Rights, and the Illinois Department of Human Rights.
- We prosecute your case in state and federal court for a just result.
We Get Results!
Our clients say we are smart, hard-working, aggressive advocates, who will fight for your rights.
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"I have the utmost respect for Sedey Harper Westhoff."
They are a unique group of smart, talented, dedicated and passionate attorneys working together to represent their clients with the highest degree of legal expertise, and to make a positive difference in the world. Their work is unparalleled.
- Francine K. -
"The counsel that I received from Sedey Harper Westhoff during each phase of my discrimination and retaliation case was excellent."
The professionalism and knowledge exhibited, and the personal touch my family received, was comforting during a very difficult time in my life.
- Rickey D. -
"You don’t just get one attorney… you get an entire firm on your side. I can’t recommend them highly enough."
Their reputation with the court system and the opposing firm / defendant spoke volumes in getting this case to a winning settlement. Most importantly, they are real people in a sea of so many attorneys.
- Terry H.
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