When you're handed a separation or severance agreement, the clock is ticking and the terms favor your employer. An attorney can negotiate a larger severance, protect your right to sue, and make sure you're not signing away more than you realize.
Attorney of the Year — California Lawyers Association No fee until we winThe first offer is rarely the best offer. Employers draft agreements to protect themselves, not you. An attorney's review routinely identifies claims you're being asked to release and leverage that can produce a better package.
Most separation agreements include a broad release of all claims against your employer — including wrongful termination, discrimination, and wage claims. Once you sign, those claims are gone. Know what you are giving up before you do.
If you are 40 or older, federal law (the Older Workers Benefit Protection Act) gives you at least 21 days to consider the agreement and 7 days to revoke after signing. Employers cannot pressure you to sign faster.
Separation agreements often include restrictive covenants. California courts disfavor non-competes and may render them unenforceable — but non-disparagement clauses can still limit what you say publicly. We identify and negotiate these provisions.
Every separation is different. What they share: a limited window to act, an employer who has prepared, and terms that can almost always be improved.
Mass layoffs often come with standard severance packages — but "standard" does not mean you cannot negotiate. Companies expect push back and frequently improve initial offers.
If you disagree with your employer's stated reason for termination, the separation agreement's release language is even more critical. A challenged 'for cause' firing is leverage.
If the termination was discriminatory, retaliatory, or unlawful, the value of your release is far higher. We identify underlying claims before you sign anything.
High-level separations involve equity, bonus clawbacks, non-solicitation clauses, and complex indemnification provisions that require careful review.
When an employer makes conditions intolerable to pressure you into quitting, you may have a constructive discharge claim — and the 'voluntary' departure doesn't mean you have no rights.
California and federal WARN Acts require advance notice or pay-in-lieu for mass layoffs. If your employer violated this, it adds to the value of your severance negotiation.
The window to negotiate is open — but it closes when you sign. Here is how to protect yourself before that happens.
Even if you feel pressure from your employer, you have time. Under federal law, employees 40+ have at least 21 days to review a severance agreement. Use it.
The release section is the most important part of any separation agreement. It lists the claims you are giving up. Make note of anything that feels broad or unclear.
Performance reviews, offer letters, any equity or bonus agreements, and communications surrounding your termination. These establish your leverage before negotiations begin.
The circumstances of your firing determine what claims you might have — and what your release is worth to your employer. Write down the timeline while it is fresh.
Anything you say publicly about your employer can affect your negotiations and may trigger claims under the non-disparagement clause you have not yet signed.
We review your agreement, identify your leverage, negotiate improved terms, and advise you on whether signing is in your best interest — before the clock runs out.
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Your employer drafted that agreement to protect themselves, not you. In most cases we can negotiate a higher severance, narrow the release, or eliminate problematic restrictions — but only before you sign. Call us first.
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A well-negotiated severance agreement goes beyond the initial cash offer. Here is what is typically on the table.
Additional weeks or months of salary on top of the initial offer — the most direct win from negotiation.
COBRA coverage paid by the employer, or extended benefits beyond the legal minimum.
Unvested stock options, RSUs, and unpaid bonuses that would otherwise be forfeited on termination.
Limiting the scope of what you are agreeing to release — preserving your right to pursue specific claims if warranted.
Agreed language on what your employer will say to future employers — often more valuable than extra weeks of pay.
Eliminating or narrowing non-disparagement, non-solicitation, and non-compete provisions that could affect your next job.
Past outcomes don't guarantee future results, but they show what's possible when evidence is preserved and all defendants are pursued.
