Hands mark key terms of a printed agreement on a clipboard with a yellow highlighter

Practice area

Severance review and negotiation

A severance agreement is usually a trade: money for your right to sue. Before you sign, know what you are giving up and whether the offer is fair for what you are owed.

Overview

Most employers are not required to offer severance. When they do, it usually comes with a release of claims, and sometimes with rules about what you can say, where you can work and how you get your last commission.

A review is often worth it even if you have no plans to sue. We regularly find room to improve the pay, health coverage, reference language, timing or one-sided clauses. A flat fee covers the review, quoted before we start.

Flat fee for the review, from $750 to $1,500 depending on length. Negotiation is quoted in writing before we start.

This may apply to you if

You were handed an agreement with a short deadline
The agreement asks you to release claims you did not know you had
There is a non-compete, non-disparagement or confidentiality clause
Your bonus, commission or equity is not addressed
You are 40 or older and the agreement was part of a group layoff

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One or two of these is enough to ask. Most people are not sure.

Severance agreement checklist

Tick what you see in your agreement. We will show what to ask about. Nothing you tick leaves this page.

A general release of all claims A non-compete clause A non-disparagement clause A confidentiality clause No mention of references No mention of bonus or commission Health coverage ends right away A deadline of a few days

What to ask about

Tick a clause on the left and the questions to raise appear here.

A general release of all claims Standard, but it should be paid for. Make sure it does not release claims you are not allowed to waive, like vested benefits or unpaid wages already owed.
A non-compete clause In California, most non-compete clauses cannot be enforced against employees. Ask to remove it before you sign.
A non-disparagement clause Ask for it to be mutual, so managers are also limited in what they say about you.
A confidentiality clause Check that it still lets you talk about unlawful conduct at work and speak to government agencies, which the law protects.
No mention of references Ask for a neutral reference clause that confirms your dates and title, so future employers hear the same thing.
No mention of bonus or commission Earned commissions and bonuses may be owed regardless. Get the amount and payment date in writing.
Health coverage ends right away Ask the employer to pay COBRA premiums for a set number of months. It is one of the most common gains in a negotiation.
A deadline of a few days Ask for more time. If you are 40 or older, the law may already require more time for an age-claim release.

Send us the agreement for review

General information, not legal advice for your agreement.

How we handle it

Read every clause We mark what is standard, what is unusual and what is unfair, in plain words.
Value your claims If you may have a claim, the release has a price. We help you see it before you sign it away.
Negotiate the gaps More weeks of pay, longer health coverage, neutral references, fixed commission terms or better wording.
Close it cleanly We confirm the final terms, payment timing and what you can say about your departure.

What to save

The agreement and every attachment
Your offer letter and any employment contract
Commission plans, bonus plans and equity documents
The layoff notice, if there was one
Your last few pay stubs

Keep copies of your own records. Do not take company files you are not allowed to have.

Deadlines

If you are 40 or older, federal law usually gives you time to consider a release that waives age claims, often 21 days, or 45 for a group layoff, plus a short window to change your mind after signing. Other agreements may have their own deadlines. Do not let a short deadline rush you.

We tell you your deadlines in writing after the free review, even if we do not take the case.

Example outcome Severance negotiation

Better terms for a laid-off sales manager, age 58

The situation: A long-time sales manager was given a standard agreement with two weeks to sign, no mention of his last quarter's commission and a non-compete clause.
What we did: We flagged the unenforceable non-compete, the missing commission and the release of age claims, then negotiated over two rounds.
How it ended: More weeks of pay, paid health coverage for several months, his commission in writing and the non-compete removed. A good result, not a windfall.

Resolved in the client's favor

Example outcomes are illustrations written for this sample website, not real clients or cases. Every case is different. Past results do not guarantee or predict a similar result, and some cases do not succeed.

See all example outcomes

Questions people ask

Will asking for more make them take the offer back?

It can happen, but it is uncommon when the request is reasonable and made professionally. We weigh that risk with you before we ask for anything.

I already signed. Is it too late?

Not always. Some rights cannot be waived, and some agreements have a window to change your mind. Send it to us and we will tell you honestly.

Talk to a lawyer about severance negotiation.

Tell us what happened in a few minutes. A lawyer reads every inquiry and you hear back within one business day, with your deadlines explained either way.

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