Severance Agreements · Review & Negotiation
Handed a severance agreement in New York?
The first number is an opening bid. Signing makes it final.
A severance agreement is not a gift; it is a purchase. The company is buying a release of every legal claim you have, known and unknown, for the number on page one. Before you sell, find out what they are actually buying.
*Client may remain responsible for court costs and case expenses. See site footer.
What the release actually does.
Buried past the payment terms is the clause that matters: a general release extinguishing discrimination, retaliation, harassment, wage, and contract claims, everything, forever. If your termination followed a complaint to HR, a medical leave, a pregnancy, an accommodation request, or years of strong reviews ended by a sudden pretext, the claims being released may be worth a multiple of the offer. That is exactly the situation severance is designed to close cheaply.
The clocks inside the document.
If you are 40 or older, federal law generally requires 21 days to consider an age release, 45 in a group termination, plus 7 days to revoke after signing. Those windows exist so you can get advice. Companies present them as pressure; they are actually your leverage, and asking for review within them is routine and expected. Employers do not pull offers because you consulted a lawyer.
What is negotiable.
More than the number. Weeks of pay, the treatment of unvested equity and bonuses, benefits continuation, a neutral reference, mutual non-disparagement, narrowing or eliminating a non-compete, and the release's carve-outs are all moved routinely, especially where the timing of the termination gives you claim leverage. The worst realistic outcome of a professional counter is the original offer, still on the table.
How the review works.
Send the agreement. We review it, tell you plainly what you are releasing, whether the facts suggest claims worth asserting, and what a counter should demand. The engagement structure depends on the matter and is stated up front in writing, and the initial consultation costs nothing. What it protects is the largest severance decision most people ever make, on a deadline the company chose.
Questions people ask us.
They gave me 21 days to sign. Is that standard?
For workers 40 and over, 21 days for an individual and 45 for a group termination are what federal law requires for a valid age release, with 7 days to revoke after signing. The window exists precisely so the agreement can be reviewed. Use it.
Can the offer really be increased?
Frequently, particularly where the timing of the termination creates claim leverage or where equity, bonus, and benefits terms were drafted in the company's favor. A professional counter is expected in New York; offers are not withdrawn because you asked.
What does a review cost?
The structure depends on the matter and is set out in writing before any work begins. The initial consultation is free, and you will know the economics before you commit to anything.
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