Do I Need a Lawyer to Review My Severance Agreement in Los Angeles?

Need? Technically, no. You can sign a severance agreement without ever showing it to an attorney. But should you? In most cases, absolutely. Here's how to decide.

When You Definitely Need a Lawyer

Some situations make legal review essential, not optional:

You think you were fired illegally. If you suspect discrimination, retaliation, or another unlawful motive, you may have claims worth far more than the severance offer. Signing the release without understanding the value of those claims could cost you tens of thousands of dollars or more.

You're over 40. The Older Workers Benefit Protection Act creates specific requirements for how your severance agreement must be structured. If the agreement doesn't comply, the age discrimination waiver may be unenforceable. Only an attorney can evaluate this properly. The OWBPA also requires that your employer advise you in writing to consult an attorney, which tells you something about how important legal review is.

You're a senior employee or executive. Executive severance agreements are significantly more complex. They involve equity, deferred compensation, supplemental retirement benefits, change-of-control provisions, and D&O insurance continuation. The stakes are higher and the provisions are more nuanced.

You were part of a group layoff. Mass layoffs trigger additional legal requirements under both federal and California WARN Acts, and Los Angeles employers are no exception. Your employer may owe you 60 days of pay if they didn't provide proper notice. This is separate from severance and can significantly change the math.

The agreement has unusual provisions. Clawback clauses, cooperation requirements, non-competes, broad intellectual property assignments, or anything you don't fully understand. If it's in the agreement, it's there for a reason, and that reason benefits the company.

When You Might Be Fine Without One

There are situations where the risk of not having legal review is lower:

You worked at the company for a short time, you were let go for a clear business reason (like a department closing), you have no concerns about discrimination or retaliation, the agreement is straightforward, and the offer seems reasonable for your situation.

Even then, a free consultation takes 30 minutes to an hour and costs nothing. The downside of getting legal advice is zero. The downside of not getting it could be significant.

What You Might Miss Without a Lawyer

People who review their own severance agreements commonly miss:

The value of their claims. Most people don't know they have viable legal claims until an attorney evaluates their termination circumstances. You might not realize that being fired three weeks after reporting harassment to HR is textbook retaliation under California Labor Code Section 1102.5.

California-specific traps. Non-compete clauses that are unenforceable but still included. Section 1542 waivers that give up unknown claims. Confidentiality provisions that go further than California law allows since the passage of SB 331 (the Silenced No More Act).

Wage claims. Unpaid overtime, missed meal and rest breaks, unreimbursed expenses, and final paycheck timing violations are common and often worth thousands. These claims exist independent of the severance and create negotiating leverage.

Disproportionate restrictions. A severance package of $5,000 shouldn't come with a lifetime confidentiality obligation and a two-year non-solicitation clause. But if you don't know what's "normal," you can't identify what's excessive.

The Free Consultation Option

The best answer to "do I need a lawyer" is to find out for free. Many Los Angeles employment firms, including L&F Brown, offer no-cost initial consultations for severance agreement reviews. In that consultation, you'll learn:

Whether the agreement has any red flags. Whether you have potential legal claims. Whether the offer is in the fair range for your situation. And whether it makes sense to negotiate.

If the answer is "the offer is fair, sign it," you've lost nothing but a little time. If the answer is "you have a strong discrimination claim and should be getting three times this amount," you've potentially saved yourself from a very expensive mistake.

What Your Employer Thinks

Here's something worth knowing: your employer's lawyers fully expect some employees to get legal advice. The agreement itself likely includes a clause advising you to consult an attorney (it's required for employees over 40). They built the offer knowing an attorney might review it. Getting legal advice isn't adversarial. It's exactly what the process is designed for.

Talk to our employment team before you sign. We serve employees throughout Los Angeles and Southern California. Free, no obligation, and no judgment if you decide to handle it yourself. We just want to make sure you know what you're signing.