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Steven Mitchell
Sack

The Employee’s Lawyer®

Welcome to The Law Offices of Steven Mitchell Sack

Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

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Negotiating Strategies to Achieve Maximum Compensation (Part Three)

For almost every individual, security in the future is a critical aspect of life. Employees often have this concern for their future and contribute into a retirement account or plan for the unknown with a long-term savings plan.

Knowing how to negotiate after being fired in a way that may save your goals and long-term hopes of future security regarding retirement is crucial in your fight for what you deserve. Here’s a section of my book “The Employee Rights Handbook” that deals with just that. Read now and get informed! 

Retirement and Savings Plans

Understand if you are a participant in any retirement or savings plan and be aware of all plans, funds, and programs that may have been established on your behalf. You are not legally entitled to define benefit plan monies until you become vested. Once vested, your money becomes non-forfeitable. Each pension plan has rules to determine when vesting occurs. If you are fired just before the vesting of a pension (e.g., one month before your fifty-fifth birthday or the vesting date), argue that the timing of the firing is suspect and that public policy requires the employer to grant you your pension.

Although federal law states that employers generally do not have to change their pension rules to accommodate individual cases, the author has represented many employees who were terminated close to a vesting date and has negotiated for the employee to be placed on unpaid leave status or to receive a small monthly check for several months and stay on the payroll as a way of qualifying for the pension. This is called pension bridging and can be done in special circumstances.

If you are fired just before qualifying for a long-awaited pension and the employer refuses this request, consult an experienced employment attorney immediately. ERISA prohibits employers from terminating employees to avoid paying some or all pension benefits due the employee or that will become due the employee when he retires.

The fact that you are fired before receiving full pension benefits (because you did not reach the age of 65, work 20 or more years, or some other requirement) may not preclude you from receiving a monthly pension, albeit a smaller one. Where applicable, evaluate whether it pays for you not to start receiving your pension immediately after a termination, especially if the few additional years of postponement will mean more hefty vested monthly benefits later. Speak to your accountant or financial adviser for more details, and ask the employer if you can agree to defer your benefits for more money later.

In some states, if you begin receiving pension benefits, the amount of unemployment compensation you will receive weekly will be reduced accordingly. Always take this into account.

Some plans permit early retirement with a smaller monthly pension. If you are terminated, you may, depending on your age and length of service, still be eligible to receive reduced benefits. Be sure you understand your rights with respect to smaller vested benefits.

Negotiate to receive full enhanced pension benefits as consideration for accepting early retirement. If this cannot be done, think twice before accepting early retirement. Investigate the amount of pension reduction or penalty for early withdrawal. Inquire if the employer will augment additional employment served so you may qualify for an early pension.

Although your pension and other contributions from the employer may stop on termination, ask the employer to continue to contribute these benefits while you are receiving salary continuation. Getting the employer to agree to this can mean thousands of additional dollars to you.

Ask for a copy of pertinent plan summaries and statements of benefits when you learn of your firing. Carefully review these and other documents. Talk to a benefits officer or someone in the personnel department if you do not understand something. Do not rely on oral promises; ask for all explanations in writing. If there is any doubt concerning your rights, write to the plan administrator for a written explanation.

Demand in writing that the employer and/or plan administrator provide you with a copy of the employer’s pension and/or profit-sharing plans from the plan administrator if the employer refuses to furnish you with accurate details. A sample demand letter is contained following this paragraph. (You may have to pay for the cost of photocopying said plans when requesting them.) ERISA provides that plan participants are entitled to examine without charge all plan documents filed with the U.S. Department of Labor, including detailed annual reports and plan descriptions. If you request materials and do not receive them within 30 days, you may file suit in federal court. In such a case, the court may require the plan administrator to provide the materials and pay up to $100 a day until you receive the materials, unless the materials are not sent for reasons beyond the control of the administrator.

If you are satisfied that all monies due you have been accounted for, you will have to decide whether to keep the funds in their present accounts, withdraw the funds for your personal needs, or transfer the funds into other investments. The questions of where to put the money and whether you will suffer harmful tax consequences should be answered by a competent accountant and/or financial adviser. Some company plans allow participants to roll benefits over so you do not get hit with hefty early withdrawal penalties. I strongly recommend that my clients seek professional tax and financial advice when retirement and savings plan monies are involved at the time of a termination. It is also a good idea to speak with the person in charge of the company’s benefits or investments before making an informed decision in this area.

For a full depth analysis on this topic and many more, visit http://legalstrategiespublishing.com/ to purchase “The Employee Rights Handbook” today!

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    What’s Happening at The Law Offices of Steven Mitchell Sack

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    Our Reviews and Client Feedback

    Gabriela Miller
    Gabriela Miller
    1730063248
    Highly professional and a wonderful attorney. Thank you.
    Chris MacMurray
    Chris MacMurray
    1724781629
    Steve was amazing to work with. He is always available and follows up on email or phone calls immediately The process was fast and painless, and he helped me understand a number of things that I did not. I would recommend him highly, and he will be my sole source for employment law going forward. Thank You Steve!
    Sandy James
    Sandy James
    1724127215
    Steven was reliable, straightforward, empathetic, honest, dependable and pushed for what I asked for in my agreement with my employer. I thought his prices were reasonable. I felt like I was in good hands throughout a terrible work situation. Highly recommend his services!
    Abraham Truzman
    Abraham Truzman
    1723166991
    My experience with Steven Sack was similar to those that many others have had with him before. Honest, caring, communicative, and exceedingly knowledgeable. My legal troubles caused me a few sleepless nights and he was a Godsend in resolving my legal matter. He was my advocate through and through. If you are dealing with any issues regarding employment law, go to Steven!
    Dani Rodriguez
    Dani Rodriguez
    1722986542
    Amazing lawyer, an even better person. He is straight and to the point, looking for the best for his clients. If you don't hire him, you're making a mistake
    O M
    O M
    1719409663
    Steven and Andrew Sack are incredible people. They went above and beyond what anyone would expect to get an equitable solution on my behalf. I cannot recommend them more highly. The result in my case would not have been possible without their work. Andrew was responsive, clear, and immensely helpful. Also, Steven's book is a great reference for general employment questions.
    Casey Drummond
    Casey Drummond
    1719359618
    As someone who is an avid fan of the TV show Suits, Steven Sack is nothing short of a real life Harvey Spector. He is honest, communicative, does exactly what he says he is going to do and keeps you in the loop every step of the way. I cannot recommend Steven highly enough and will certainly use him again in the future. Thank you Steven!
    You couldn't be in better hands than Steven Sack's for any employment issue. He is simply the best at what he does.As forthright and caring an individual as you will ever meet.A mensch.
    Dave Capodanno
    Dave Capodanno
    1715956144
    Steven Mitchell Sack is the best at what he does and comes with a lifetime of experience in his area of expertise in employment related legal issues. Extremely professional and to the point, he has the ability to cut to the chase and avoid delays and red tape. His goal is to seek justice and make things correct for his client. Steven's mission is to help people that come to him. We highly recommend Steven M. Sack. Dave & Ann Marie C.
    I’ve hired Steven a few times and he was so helpful! He is very honest, professional and personable, and his billing was very reasonable. In a pinch, he is who I call for help.
    Jaime Reyes
    Jaime Reyes
    1713877417
    I had the pleasure of working with Steven. He was able to find an amicable solution to my employment issues. He called me on a regular basis to keep me informed on the progress of my case. He was able to settle my case quickly.
    Robert
    Robert
    1711669190
    Steven is an incredible professional! When you call him he, alone, picks up the phone. He is honest, prompt, courteous and extremely attentive to his clients. He restored my faith that the customer-service ethic is alive and well in the legal profession.I cannot say enough about this fine gentleman; look no further!I am proud to call him my attorney.
    Yeoni Heggem
    Yeoni Heggem
    1710248522
    I appreciate his legal counsel. I went through series of abuse at work but it was not something that I could prove easily. I wish I knew him while I was getting abused but I came to find him after I got laid off. Due to the size of the company being one of the largest corp and have extensive legal team and having let go of many other people with me didn't help my case much. I needed to speak to someone who has realistic approaches and can tell me what I can expect. If you speak on the outcome wise, it wasn't any different before and after I paid $300 so some people might see it as waste of $300. For me, Steven's consultancy made me move on and helped me let go of things that I went through. He encouraged me in a very realistic way and I think I will sign my release and move on as company gave me 2 months to find a job plus more severance. I know most people would have moved on but I wanted answer. Steven's answer was very realistic and in fact was sad but that's not his problem to resolve. American corporations can bully an individual and find a way to make it legal. Steven felt bad about what happened but he gave me what the outcome would be like and essentially said it isn't illegal to bully someone and proving it is due to my autism is not something that can be proved easily. I thank Steven for being my therapist on legal part and I believe that was worth $300 for me. Thank you.
    Latasha Forbes
    Latasha Forbes
    1709836467
    I have worked with Mr Sack twice now and he is fantastic. He is quick to respond, extremely knowledgeable and beyond helpful. He is honest in his opinion and clear in his methods. I appreciate him so much and I would recommend him to anyone in need of clear, sound advice and help.
    Doug Geddes
    Doug Geddes
    1709750851
    Steven did an excellent job handling my case. He is very responsive, intelligent and knowledgably. The results were great, and I'm very grateful to have had him representing me.
    Steven Sack is the best attorney I have ever met. As a non resident alien in New York he provided clear advice and was always available for a discussion or strategic decision. My case was complex and had little changes, but he dit it! Without him I would have been completely lost. Never go without him. would be advice. He is the best of the best.
    Working with Mr Steven Sack was very positive. He set clear expections, was punctual and negotiated a positive outcome on my behalf. Thank you
    Ariel Weiss
    Ariel Weiss
    1703427720
    Steven was super easy to work with and got the job done a lot faster than I expected. Was a really painless process and I am super happy with my experience! I highly recommend using him!
    Marlene Romero
    Marlene Romero
    1703196533
    I am grateful that I was referred to Steven Sack by another law firm. I felt my options were limited and that perhaps a satisfactory resolution was impossible. Then I met Steven Sack. Professional, no-nonsense, and extremely empathetic is what I found within 5 minutes of speaking with Steven. His guidance and support in navigating the process was invaluable. His expertise led to a quick and positive outcome - a severance much more than I had imagined. I am grateful for his hard work and dedication to my case. I highly recommend Steven Sack without reservation.
    Omar F
    Omar F
    1702055241
    Steven Sack is an extraordinary attorney and I am fortunate that I was referred to him by another firm. I can't thank him enough for the help he provided during a very difficult time.During my first conversation with Steven I immediately felt protected. He was empathetic, understood what I was going through, listened to me and asked great questions.After gathering all of my information, he immediately jumped into action and handled everything. Throughout the process, he gave me great advice, was incredibly responsive, provided crystal clear information, always kept me updated, and was super transparent about every single detail throughout the entire process.The result was better than I ever imagined it could be and I credit Mr. Sack's expertise and negotiating acumen with making it happen. Thank you, Mr. Sack!
    Katrina Palen
    Katrina Palen
    1696942561
    I highly recommend Steven Sack. You'll get efficiency, experience, and respect.I was a part of a structured layoff and was referred to Steven Sack. I'm really glad I was able to have him look over my contract and termination and give me the peace of mind that I was treated fairly and walked away with the best possible terms. When you're suddenly let go, emotions and stress can run hotter than normal, but Steven is a sensible, realistic, and pragmatic person who respects your situation and helps you understand what's going on. He brings his experience so that you can breathe a little easier in letting him handle the negotiations and what would be stressful conversations to handle yourself. He's communicative and will let you know the status as things progress, so you're not worrying about updates. Again, I highly recommend you reach out no matter your situation as the consultation process is very easy and Steven is very responsive.
    Cody Ciura
    Cody Ciura
    1691612617
    Steven was fantastic in all areas of his representation. He really cares about his clients. Steven is a great communicator and works hard to obtain the best result.
    Andrew Chung
    Andrew Chung
    1690817138
    Steven was very knowledgeable and personable. I was referred through a good friend, and I was impressed immediately. Steven helped me through my process and I was very pleased with the final result. I will continue to ask for his counsel through my career, thank you!
    Woody Curry
    Woody Curry
    1689257235
    From our first interaction I knew that Mr. Sack was the right lawyer for me. He is a man of strong character who truly believes in fighting for what is right. He has a deep passion for the law & his clients. Mr. Sack doesn’t just talk a good game he stands behinds his convictions. He is direct & to the point when speaking with you. He said from the start that he would be honest & straight forward with me & he was, even when I did not necessarily want to hear the truth. He is compassionate & truly listens to his clients, but he will always tell them the hard truths about their case.Mr. Sacks years of experience speak for itself. Within a matter of several phone calls & emails to myself, my employer & their council he negotiated for me a much-improved severance package. A package that reflected my years of dedicated service, & the value I brought to my former employer. I was as a 23-year veteran employee with an impeccable personnel file & a strong reputation both inside the company & within my field.Bottom line, Mr. Sack is a seasoned professional with a direct, no-nonsense, take-charge approach towards working with his clients & negotiating for them. I would highly recommend him & would not hesitate to use his services again.-Christine TenEyck
    I had the privilege of working with Steven Sack as my employment attorney, and it is with utmost pleasure and gratitude that I write this review. Mr. Sack is a true champion who fought diligently on my behalf, ensuring that my rights were protected and interests were served. His unwavering dedication, exceptional responsiveness, and unparalleled professionalism set him apart as a remarkable advocate.From the moment I reached out to Steven Sack, I was impressed by his promptness in addressing my concerns. His responsiveness was nothing short of exceptional. He consistently made himself available to discuss my case, answer my questions, and provide me with the guidance I needed. I always felt valued as a client, as he took the time to listen attentively to my story and understand the intricate details of my situation.Throughout the entire legal process, Mr. Sack exhibited the highest level of professionalism. He approached my case with meticulous attention to detail, leaving no stone unturned. His expertise and experience in employment law were evident as he skillfully navigated the complexities of my situation. With each interaction, he displayed a deep understanding of the law and an ability to explain complex legal concepts in a clear and concise manner, ensuring that I was well-informed and able to make sound decisions.What truly sets Steven Sack apart is his unwavering commitment to his clients' best interests. He consistently prioritized my well-being and fought vigorously to achieve the best possible outcome for me. Throughout the process, Mr. Sack provided invaluable guidance, ensuring that I had a comprehensive understanding of my options and the potential consequences of each decision. His astute judgment and strategic approach allowed me to make informed choices that ultimately led to a more favorable resolution than I had initially anticipated.One aspect of working with Steven Sack that left a lasting impression was his integrity and reliability. He consistently followed through on his commitments, which provided me with a sense of trust and confidence. I was never left in the dark, wondering about the progress of my case, as he provided regular updates and promptly communicated any developments. Mr. Sack's professionalism and reliability instilled in me a sense of comfort and security during what could have been an overwhelming and stressful experience.In conclusion, Steven Sack is simply the best at his craft. His unwavering commitment to his clients, his exceptional responsiveness, his unmatched professionalism, and his ability to provide the best possible guidance are qualities that make him stand head and shoulders above the rest. I am eternally grateful for his outstanding representation, as it resulted in a better outcome than I could have ever imagined. If you find yourself in need of an employment attorney, I wholeheartedly recommend Steven Sack. With him by your side, you can rest assured that you will receive top-notch legal counsel and an advocate who will fight fiercely for your rights.
    Katrina Murray
    Katrina Murray
    1687950829
    This review comes less than 1 week of meeting Steven. From the first telephone call he was confident, professional and honest. He comes with experience that equal results. I was referred to Steven by another law firm for his expertise with my employment situation. I’m so happy the connection was made. I was given an appointment for the same evening for a consultation, though I opted for another day. In less than 72 hours..Huge progress was made. I have a ways to go but I’m convinced that I’m in good hands with Steven. I also received a FREE signed hardcover copy of Steven’s best selling book “FIRED!”. Thank you Steven you are THE BEST.. hands down.
    Christian Clare
    Christian Clare
    1685403495
    Steven Stack helped me with an unfair severance package.I had one session with him and he helped me get triple my severance and additional bonuses by taking his advice and reading his book. If you have an unfair severance, his time and advice is worth it.Steven does good work. He's the real deal. I'm so grateful for his generosity with his time, and helping people in cases big and small.
    I had the pleasure of working with Mr. Steven Mitchell Sack, Esq. this year.Steven is honest with his clients, sets realistic expectations about a case, and always follows through on his promises.I was referred to Steven by a friend of mine, his former client, and now I myself can highly recommend Steven to anyone seeking legal help in labor relations.
    Steven was straight to the point, thorough and extremely respectful regarding all matters surrounding my employment termination. As a young person who had never hired a lawyer before, I am very thankful that I found Steven and that he was on my side. Steven valued my concerns and was a pillar of education and support for me. Steven Sack is the attorney you want to represent you, I cannot thank him enough for all of his help.
    Marissa Alaniz
    Marissa Alaniz
    1682088068
    Steven was so helpful and patient. I had never been terminated from a job or worked with a lawyer before, so I had a lot of questions and anxieties. He not only explained my rights and helped ease my concerns around the situation, but he was even able to negotiate a better severance contract for me. He is incredibly responsive and I look forward to reading his book.
    cheryl klein
    cheryl klein
    1681421935
    I retained Steven Sack and he is a class act. His knowledge and advice was far beyond what I expected. I had learned so much. I am so happy to have found him. He is the real deal. You will be glad to have him on your side.
    Anonymous
    Anonymous
    1680819625
    Steven Sack is a an incredible Lawyer. Very professional, kept me updated thru the whole process. Can’t thank him enough. I recommend him. 5 stars are not enough.
    Lola
    Lola
    1679687265
    I had a great experience with Steven Mitchell Sack. He was very empathetic, detail oriented and extremely knowledgeable of employment law. He returned my calls and e-mails quite promptly, and was very clear and honest with what to expect. When it came to negotiating my severance package, this attorney came through for me. He’s tough, but knows how to talk to lawyers, particularly in my case as we were dealing with a huge company. Thank you Steve, I’m so appreciative of your help.
    hazal kork
    hazal kork
    1677624757
    Steven really knows what he is doing, and he helped me get justice, cared and understood about what really happened. Will recommend him to any friend who might need it in the future.
    Renee P
    Renee P
    1677531667
    Steven is an outstanding lawyer! He exceeded my expectations. He not only made me feel comfortable discussing my case from the start but was also very honest, attentive and does what he says! He is truly the BEST!!
    Rob Long
    Rob Long
    1677167052
    Steven pulled victory from the clutches of defeat. My situation was grim and I had no leverage in negotiating my severance. Steven stepped in, didn't over promise, and got me much better terms. He's great. An absolute miracle worker.
    Mr. Sack helped me get a severance when my employer had no intentions of providing me with one, after I was terminated. He tells you the truth; no bs, even though it might not be what you want to hear. He always answered my calls personally and exlpained next steps in details. He fought for my rights, and I'm very pleased with the outcome. Highly recommend!!
    Cenk Dölek
    Cenk Dölek
    1676157347
    Steven Sack is not only very knowledgeable in his profession, he is also a good person, someone who believes in and lives by certain values and principles. He was very professional, guided me as I needed, a true expert by all means. Looking forward to reading his latest book!
    Ricky Sharma
    Ricky Sharma
    1675876149
    Steven is an incredible person that also happens to practice his craft on a level that will impress you out the gate. Hiring him and talking to him will immediately give you peace of mind. One thing to be careful of is that after working with him you will start expecting more from every other lawyer you ever work with!
    David LaCombe
    David LaCombe
    1675382537
    Steven Sack exceeded my expectations when he represented me in negotiating the terms of my severance. Steven is incredibly competent, and what I appreciate most about him is that he is a gentleman.Steven is punctual, thorough and he always kept his word. If he says he is going to do something, he does it.I recommend Steven without exception. He earned my complete confidence.
    J Guttenplan
    J Guttenplan
    1675289769
    Steven is amazing. When working with him he is easy to understand, transparent, and does what he says he's going to do. He actually answers his phone when you call and gets back to you promptly -- a quality that's becoming quite rare these days!I'm very glad I was referred to him.
    Eddie Vargas
    Eddie Vargas
    1669919365
    I had the absolute pleasure of being represented by Steve and it was definitely more than a great partnership. He was with me throughout the entire process and the communication was absolutely stellar. Highly recommend Steve and his professional skill should you ever be in need of legal counsel or representation. Thank you Steve!
    J M
    J M
    1669067663
    Jeff R
    Jeff R
    1667326739
    Steven is a highly competent lawyer and extremely effective at what he does. Steven was referred to me and I will gladly refer him to others in the future.
    Steven is an incredible attorney and I highly recommend him!He always made himself available whenever I needed him, and he did exactly what he said he was going to do. He also stayed on top of my case with diligence, and consistently followed up with me regarding updates. I found him to be straightforward, honest and very knowledgeable. He is also a very nice guy and made me feel like someone was on my side and was going to help, and he gave great advice on how to move forward. I will certainly reach out to him if I ever need him again. Thanks greatly Steven!Vanessa S.
    A E
    A E
    1664895308
    Steven is fantastic. Efficient, concise and caring. Would 100% recommend.
    Bravheart
    Bravheart
    1664296141
    Steven Sack was very Professional, Sympathetic and truly cares about people he was very vital in helping me in resolving my issue Steve Sack truly loves his job & stress free. He was extremely responsive worked quickly, negotiating on my behalf. And it was worth it! I would definitely use him again with no hesitation!
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