Union Workers: Your Severance Rights Go Beyond the Contract

Layoffs Don’t Erase Your Union Power

When a union shop faces layoffs, the message from management is often: “We’re following the contract.” But that doesn’t always mean they’re following the law—or giving you everything you deserve. A collective bargaining agreement (CBA) sets the baseline, not the ceiling.

At Horn Wright, LLP, our business transaction lawyers work with union members across New York to make sure layoffs and severance deals follow not just your contract, but your rights under state and federal law. Whether you’re part of a large bargaining unit or facing job cuts in a smaller local, we’re here to help protect what you’ve earned.

What Severance Looks Like When You’re Protected

Severance in a unionized workplace is often governed by your CBA. But the amount, structure, and eligibility rules vary between locals and contracts. Some provide flat payments based on years of service, while others tie severance to job classification or specific triggers like plant closures.

In New York, union members are often better positioned than at-will workers, but only if the contract is clear and properly enforced. If your employer tries to shortchange you, delay payment, or apply the terms unevenly, you may have recourse through both the grievance process and the courts.

Union vs. Individual Negotiations: What Matters More

Collective power is your starting point, but it doesn’t mean you’re stuck with one-size-fits-all outcomes. Union protections can open the door, but individual advocacy often determines how wide that door swings. This is especially true when you have unique circumstances, like medical leave, pending grievances, or active accommodations at the time of layoff.

Our clients are often surprised to learn they can pursue:

• Individual adjustments to severance terms. These include extended COBRA, modified release language, or higher payouts based on special duties.
• Parallel legal claims outside the grievance process. You can pursue discrimination or wage claims under New York Human Rights Law or federal protections.
• Supplemental agreements for reference letters or job-hunting carveouts. These can be negotiated directly and kept outside union recordkeeping.

With the right approach, your union power and personal leverage can work together.

How Collective Agreements Intersect with Legal Rights

Your CBA is powerful, but not absolute. If the agreement fails to meet the minimum standards set by federal law, such as under the Fair Labor Standards Act (FLSA) or the WARN Act, it may be subject to legal challenge. That means you can often push for more when the agreement comes up short.

We review your contract alongside the law. If there’s a gap, or an opportunity to strengthen your position, we’ll find it.

Know When to Bring In an Attorney, Too

Even with union representation, there are times when it makes sense to have a lawyer review your individual rights. Your union is there to protect the group. We’re here to protect you, especially when what’s written in the contract doesn’t tell the whole story.

Situations Where a Lawyer Can Help Alongside Your Rep

Union reps and legal counsel can work in tandem when you’re facing complex severance issues. We support workers during layoffs in roles where unique personal or legal issues complicate the standard union process.

We step in when:

• Your severance is tied up in a pending grievance. We help make sure your legal rights stay protected while the union process plays out.
• There’s evidence of discrimination or retaliation. If your layoff followed protected leave or accommodation requests, we can bring a separate legal claim.
• You need help reviewing a waiver or release. These documents can limit your rights far beyond the union’s scope of protection.

It’s not about replacing your rep, it’s about strengthening your position where it matters.

What Your Union Contract Might Not Protect

CBAs are strong, but they don’t cover everything. Many contracts don’t spell out how to handle final pay disputes, benefits continuation, or special classifications like part-time or per diem workers. And when the contract is silent, that’s where your legal rights take over.

For example, under New York Labor Law, employers are required to pay earned wages, including vacation time, within a set timeframe. If your CBA doesn’t address these payouts, that state law still applies.

We help union workers understand where the contract ends and personal legal coverage begins.

Adding Individualized Terms to Your Group Severance

Even when a company offers group severance to an entire bargaining unit, you may still have the option to request additional protections. With the right approach, these small adjustments can make a big difference in your transition.

We help clients add terms like:

• Customized reference agreements. These make sure you’re not penalized during future job searches because of group layoffs.
• Health benefit extensions beyond COBRA. Especially useful for workers with chronic conditions or ongoing treatment.
• Tax clause revisions. We often catch vague language that shifts tax burdens unfairly onto the employee.

These adjustments are legal, reasonable, and often accepted, especially when you're leaving on good terms.

The Fine Print in Your CBA That Could Make or Break Your Exit

Contract language matters. And in times of layoffs, those fine-print sections you never paid attention to before can suddenly affect your payout, your benefits, or your options for moving on. It's not just about what the contract says, it’s how your employer interprets it.

Subtle Contract Language That Limits Options

We’ve reviewed countless CBAs and severance letters across industries, and one thing is consistent: small details carry big consequences. Language around “voluntary resignation,” “final pay eligibility,” or “release of claims” can completely change what you receive at exit.

Our business transaction lawyers analyze:

• Payout timing clauses, especially when bonuses or commissions are due
• Language about “constructive dismissal,” which may trigger full severance
• Clauses that force arbitration or waive legal rights outside union channels

You don’t have to guess what you’re signing. We’ll break it down.

What’s Negotiable Even Under a Union Deal

Many employees think once a union agreement is signed, there’s no flexibility. But that’s not always true. Employers are often open to adjusting individual terms, especially if it helps avoid legal disputes or public complaints.

We help union workers negotiate:

• Severance payment structures that better fit your financial needs
• Carveouts that allow you to speak truthfully in future interviews
• Adjusted timelines for benefits to accommodate medical treatment or licensing

These aren’t privileges. They’re smart, strategic requests made at the right moment.

Steps to Maximize Your Payout Legally

If you’re facing a layoff and part of a unionized workforce, timing and preparation matter. Before signing anything, or assuming the union will handle everything, it’s worth doing your own due diligence.

Our business transaction lawyers guide New York union members through:

• Reviewing and interpreting CBA language in context
• Identifying legal opportunities outside the union’s scope
• Negotiating additions or corrections before severance is finalized

We don’t replace your union, we support you where your individual voice matters most.

You’ve Got the Union. Let Us Back You Up.

Your contract matters. Your union matters. But when the layoff notice lands, you still have to look out for yourself. Whether you need a second opinion, legal backup, or help getting what you’re owed, we’re here to walk through it with you.

At Horn Wright, LLP, our business transaction lawyers represent New York union employees who deserve more than boilerplate severance. We spot what your contract misses. We fix what your HR team won’t. And we make sure your voice doesn’t get lost in the shuffle.

If you’re looking for a nationally recognized firm that stands up for workers when it counts, we’re here to help. Call Horn Wright, LLP, today to protect the power you’ve already earned.