A severance agreement lawyer reviews the document your employer hands you at termination — or sometimes during a layoff — so you understand exactly what you're giving up before you sign. Severance packages almost always include a release of legal claims, which means once your signature is on the page, you may lose the right to pursue compensation for discrimination, unpaid wages, retaliation, or other workplace violations.
Most workers get a severance offer during one of the most stressful moments of their careers. The language is dense, the timeline feels rushed, and the employer's HR team is not on your side. An independent employment attorney can read every clause, flag anything that works against you, and in many cases help negotiate better terms — more pay, extended benefits, or revised non-compete restrictions.
WorkRights Legal is not a law firm and does not give legal advice. We connect workers with independent, licensed employment attorneys across the country who handle severance reviews. Speaking with one is free and confidential.
What is a severance agreement, and why does it need a lawyer's review?
A severance agreement is a contract between you and your employer that typically trades a payment or benefits continuation for your promise not to sue. It may look straightforward, but most agreements contain clauses that go well beyond the dollar amount on the first page.
Common provisions in a severance package often include at least five key items:
- A general release of all legal claims — discrimination, harassment, retaliation, wage theft, and more
- A non-disparagement clause that limits what you can say about the company publicly
- A non-compete or non-solicitation restriction that can affect your next job
- A confidentiality provision barring you from discussing the agreement's terms
- A cooperation clause requiring you to assist the company in future litigation
An employment attorney can explain each provision in plain language, identify terms that are unusually one-sided, and advise whether the overall package reflects the value of the claims you'd be releasing. An attorney can confirm the rules for your situation.
Can I negotiate a severance agreement, or do I have to accept it as-is?
Severance agreements are almost always negotiable. Employers expect some back-and-forth, especially when the departing worker has potential legal claims. The initial offer is often a starting point, not a final number.
A severance agreement lawyer can assess the strength of any underlying claims you may have — such as discrimination, retaliation, or unpaid compensation — and use that leverage to request better terms. In many cases, employers are willing to increase the payout, extend health insurance coverage, modify a non-compete clause, or agree to a neutral employment reference.
Negotiation is far more effective when an attorney handles it. Employers and their legal teams take the process more seriously when they know a licensed attorney has reviewed the package and identified specific concerns.
How long do I have to sign a severance agreement?
The deadline depends on the agreement itself and, in some cases, on federal law. Workers age 40 and older are generally entitled to at least 21 days to consider an individual severance offer under the Older Workers Benefit Protection Act (OWBPA), plus a seven-day revocation period after signing. If the severance is part of a group layoff, the consideration period typically extends to 45 days.
For workers under 40, there is no federal minimum review period — the employer sets the deadline. Even so, many employers will grant a reasonable extension if you ask, particularly if you explain that an attorney is reviewing the document.
Regardless of your age, signing too quickly is one of the biggest mistakes you can make. Once you sign and the revocation window closes, you are generally bound. An employment attorney can confirm the specific deadlines that apply to your offer.
What legal claims might I be giving up by signing?
Most severance agreements include a broad release that covers virtually every type of employment claim you could bring — past, present, or even some you may not yet know about. That can include claims under federal and state antidiscrimination laws, wage and hour statutes, whistleblower protections, and family or medical leave laws.
This is critical because you may have a claim worth more than the severance offer and not even realize it. For example, if you were terminated shortly after filing an internal complaint, requesting medical leave, or reporting safety violations, there could be a retaliation claim. If the severance release covers that claim, you lose the right to pursue it.
A lawyer reviewing your severance will typically ask detailed questions about how the termination happened, whether any protected activity preceded it, and whether you were treated differently from coworkers in similar positions. This helps determine whether the release is giving away something of real value.
Are there any claims a severance agreement cannot make me waive?
Yes. Certain rights cannot be waived by contract, regardless of what the agreement says. In general, a severance agreement cannot prevent you from:
- Filing a charge of discrimination with the EEOC or a state civil rights agency
- Reporting workplace safety violations to OSHA
- Cooperating with a government investigation
- Claiming unemployment insurance benefits
However, the agreement can — and usually does — waive your right to recover monetary damages from those filings. So while you may still file an EEOC charge, you might not be able to collect anything from it. An employment attorney can explain how these distinctions apply in your state.
What should I look for in a non-compete or non-solicitation clause?
Non-compete and non-solicitation clauses in severance agreements can restrict where you work and who you contact after you leave. These restrictions vary widely in enforceability depending on your state — some states enforce them strictly, others barely enforce them at all, and a few have banned most non-competes entirely.
Key factors a lawyer will evaluate include three main areas:
- The geographic scope — whether the restriction covers your metro area, your state, or the entire country
- The duration — six months is treated very differently from two years
- The definition of "competing" — whether it's narrowly limited to a direct competitor or broadly written to cover an entire industry
If a non-compete is overly broad, a severance review is often the best time to negotiate it down. Once you sign, challenging it later can be expensive and uncertain.
How does a severance agreement lawyer actually help?
A severance agreement lawyer reads the full document, explains what each provision means in practice, and identifies terms that may hurt you. Beyond the review itself, the attorney can advise whether the financial terms are reasonable given your role, tenure, and any potential legal claims.
If negotiation makes sense, the attorney handles communication with your former employer's legal team. Many workers find that having a lawyer involved leads to meaningful improvements in the package — whether that means a higher payout, removal of a restrictive non-compete, or an agreement from the employer to provide a positive reference.
WorkRights Legal connects you with independent, licensed employment attorneys in your area who handle severance reviews regularly. The initial consultation is free.
Frequently Asked Questions About Severance Reviews
Below are answers to common questions workers ask before having a severance agreement reviewed.
Do I have to be offered severance when I'm fired?
No. In most states, severance is not legally required. It is typically offered voluntarily by the employer, often in exchange for a release of claims. An employment attorney can confirm whether any contract or policy entitles you to severance.
Can I still sue my employer after signing a severance agreement?
Generally, no — not for claims covered by the release. Signing usually waives your right to monetary recovery on released claims. Limited exceptions may apply, and an attorney can evaluate whether a signed release is enforceable.
How much does a severance review cost?
Costs vary by attorney and complexity. Many employment lawyers offer flat-fee severance reviews. Through WorkRights Legal, the initial consultation to discuss your situation is free.
What if my employer pressures me to sign immediately?
Do not sign under pressure. If you are 40 or older, federal law generally requires at least 21 days. Even if no legal minimum applies, you can ask for more time — and you should speak with an attorney first.
If you have been offered a severance agreement and want to understand what you are signing, WorkRights Legal can connect you with an independent, licensed employment attorney in your area for a free, confidential case review. Request your free severance review today.