What Does a Severance Agreement Lawyer Actually Do?

When people hear "hire a lawyer," they picture months of litigation, depositions, and a courtroom. Severance agreement work is nothing like that. It's usually a focused, fast process with concrete outcomes. Here's what actually happens when you bring in an attorney.

Step 1: They Read the Fine Print

A severance agreement is a legal contract, and legal contracts are designed to be hard to read on purpose. Your employer's lawyers wrote it to maximize protection for the company while minimizing what they pay you. An employment attorney reads it through a different lens: what does this actually require you to give up, and is that a fair trade?

Specifically, they're looking at:

The release of claims. How broad is it? Does it comply with OWBPA requirements if you're over 40? Does it include a Section 1542 waiver (giving up unknown claims)? Are there claims that shouldn't be released?

The restrictions. Non-compete, non-solicitation, non-disparagement, confidentiality. How broad are they? Are any of them unenforceable under California law? Are any disproportionate to what you're being paid?

The payment terms. Is the severance amount clearly stated? Is it separate from your final wages and vacation payout? What's the payment timeline? Are there conditions that could cause you to lose the money after signing (clawback provisions)?

The hidden provisions. Cooperation clauses that could require months of unpaid work. Dispute resolution provisions that force arbitration. Representations that you haven't filed complaints (which could void the agreement if you later discover you should have). Return of property requirements with unreasonable timelines.

Step 2: They Evaluate Your Claims

This is where the real value is. Before you can decide whether the severance offer is fair, you need to know what you're giving up. A good employment attorney will interview you about the circumstances of your termination and evaluate whether you have claims for:

Discrimination. Were you treated differently because of your age, race, gender, disability, pregnancy, sexual orientation, or other protected characteristic? Under California's FEHA, these claims carry significant damages and are regularly litigated in Los Angeles County Superior Court.

Retaliation. Were you fired after reporting misconduct, taking medical leave, filing a workers' comp claim, or exercising another protected right?

Wrongful termination in violation of public policy. Were you fired for refusing to do something illegal, for reporting violations, or for performing a legal duty?

Wage violations. Unpaid overtime, missed meal and rest breaks, misclassification as exempt, unreimbursed business expenses, late final paycheck.

The strength of these claims directly determines your negotiating leverage. An LA employer offering a modest severance to someone with a strong discrimination claim is in a very different position than they realize.

Step 3: They Tell You the Truth

A good severance attorney doesn't oversell. If the offer is fair and you don't have viable claims, they tell you that. If the agreement has standard terms and the severance is within the normal range for your situation, they'll say so. Honest advice saves you money and stress.

But if the offer is low, if you have claims, or if the agreement has problematic provisions, they'll tell you that too, along with a specific plan for what to do about it.

Step 4: They Negotiate

If there's room to improve the offer, the attorney handles the negotiation directly. This usually means drafting a counter-proposal letter that goes to your employer's legal team. The letter outlines what you're requesting and why, often referencing the legal claims that give you leverage.

This isn't adversarial. It's a professional negotiation between lawyers. Your former employer's counsel understands the process. They expect it. And because the communication is attorney-to-attorney, it stays productive and moves quickly.

Common negotiation outcomes include:

Increased severance payment. Extended health insurance coverage. Better reference language. Narrower non-disparagement and confidentiality terms. Removal of unenforceable non-compete clauses. Accelerated equity vesting. More time to exercise stock options. Neutral or positive departure narrative.

Step 5: They Review the Final Agreement

Once terms are agreed upon, the employer produces a revised agreement. Your attorney reviews the final document to make sure everything that was negotiated is actually reflected in the language. Companies occasionally "forget" to include agreed-upon changes, or they modify the language in ways that undermine what was negotiated. A final review catches these issues before you sign.

What the Process Looks Like in Practice

For most people, the entire process takes one to three weeks. The initial consultation happens within a day or two. The counter-proposal goes out within a few days after that. One or two rounds of negotiation follow. The revised agreement is reviewed and signed.

You're not in court. You're not giving depositions. You're not dealing with months of legal proceedings. It's a focused, efficient process designed to get you a better outcome quickly.

Talk to Us

If you have a severance agreement and want to understand your options, schedule a free consultation. We'll walk through your agreement, evaluate your claims, and tell you exactly what we can do and what it would cost. Serving Los Angeles and all of Southern California.