Severance Agreement Review & Negotiation

What we look for in a severance agreement

• The scope of the release — which claims are waived, and whether any are legally unwaivable
• Whether the payment reflects the real value of the claims you are releasing
• Non-disparagement, confidentiality, and their limits under California law
• Non-compete and non-solicit terms, which California heavily restricts
• Treatment of vested and unvested equity, bonuses, and commissions
• Health coverage, COBRA contributions, and the timing of payments
• Neutral reference and rehire-eligibility language
• Cooperation clauses that obligate your time long after you leave
• ADEA/OWBPA compliance if you are 40 or older, including the review and revocation periods

Severance is more negotiable than most people assume

Employers present severance as a standard form because that is cheaper than negotiating. But the employer is buying something — certainty. When there is a live claim behind the separation, or when the agreement asks for terms beyond a simple release, there is usually room on the number, the timing, the reference language, or the restrictive covenants.

Don't sign before you know whether you have a claim

The most costly severance mistakes happen when someone with a strong discrimination, retaliation, or unpaid-wage claim signs a release for a few weeks of pay. Part of the review is a candid assessment of what claims exist and what they are worth — before the release forecloses them.

Executive separations

Executive packages add layers: change-of-control provisions, accelerated vesting, clawbacks, deferred compensation, 280G considerations, and post-employment board or advisory roles. We handle those negotiations alongside the underlying employment claims.