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.

Severance review for San Diego professionals and executives

Separation terms can affect much more than the final paycheck. San Diego employees in biotech, defense contracting, healthcare, technology, and professional services may have variable compensation, unvested equity, confidentiality obligations, or client-related restrictions. We evaluate the particular agreement against the employee's compensation documents and any potential underlying claims; a review is not a promise that the employer will increase the offer.

• Collect the separation agreement, offer letter, incentive plans, and recent pay records
• Identify signing, revocation, equity-exercise, and benefits deadlines
• Compare the promised consideration with the rights the release would waive
• Decide whether advice alone, written revisions, or direct negotiation makes sense