Severance Negotiations Attorney

No. Severance agreements typically require you to waive legal claims including discrimination, harassment, and wage violations. An employment attorney can evaluate whether you have viable claims worth more than the severance offer, negotiate better terms, and ensure the agreement complies with legal requirements. Many attorneys offer free or low-cost severance review consultations.

Key provisions to evaluate: the release of claims (what rights you are waiving), non-compete and non-solicitation clauses, non-disparagement provisions, confidentiality requirements, cooperation obligations, benefits continuation, outplacement services, payment timing and structure, and reference provisions. California prohibits non-compete clauses in severance agreements. Employees over 40 have additional protections under the OWBPA.

Yes. Most initial severance offers are negotiable. Leverage includes potential legal claims (discrimination, harassment, wage violations, wrongful termination), your tenure and institutional knowledge, potential PR or regulatory exposure for the company, and the cost the employer saves by avoiding litigation. An attorney can identify leverage points and negotiate significantly better terms.

Under the Older Workers Benefit Protection Act (OWBPA), employees over 40 must receive: a 21-day consideration period (45 days for group layoffs), a 7-day revocation period after signing, a written recommendation to consult an attorney, a clear description of the claims being waived, and for group layoffs, information about the ages and positions of affected and unaffected employees. Non-compliance voids the waiver.