Feigen reviews contracts of all kinds for employees who are about to be employed. She urges all clients, regardless of their level of employment, to request that the terms of their employment be in writing. That includes amount of pay as well as length of employment. In her negotiations with potential employers, she also insists that the employee only may be fired for cause – and that means there has to be a good reason for terminating employment. Health and other benefits, e.g. necessary leaves, should be included.
Feigen has negotiated agreements terminating employment with a focus on back and front pay, namely for how long the employee must continue to be paid a salary, as well as other damages. Of course, health benefits are very important. Some employers offer more generous COBRAs than others. To Feigen, everything is a negotiation and employees must not fear that asking for more than what is offered will, in any way, hurt them. She is usually also successful in arranging for her legal fees to be assumed by the employer. Feigen ensures that future employers will be advised that questions about the employee’s termination are to be handled by a designated person and that answers will reflect only length of employment and salary paid. Subjective impressions should not be shared with future employers.
Feigen, with the help of her client, drafts recommendation letters that she asks the employer to use. Feigen also insists that there be a non-disparagement clause to protect her client, the employee, from untrue statements to future employers. On occasion, Feigen has represented employers who feel the need to terminate someone’s employment. As always, the focus for Feigen is on what is fair in each particular circumstance. “There are no cookie-cutter arrangements,” she maintains.