Separation Agreement Review
California Separation Agreement Review Lawyer
ShortLegal, APC reviews and negotiates severance and separation agreements for California employees.
Severance is almost never a gift. It is usually a contract. In exchange for money, continued benefits, neutral reference language, or other terms, an employer often asks the employee to release legal claims, waive rights, accept confidentiality obligations, agree to non-disparagement language, return property, limit future communications, or accept other post-employment restrictions.
Before signing, employees should understand what they are giving up, what they are receiving, and whether the proposed agreement can be improved.
Common Provisions
- Release of legal claims
- Confidentiality
- Non-disparagement
- No-rehire language
- Arbitration provisions
- Final wage representations
- Benefit continuation
- Payment timing
- Cooperation obligations
- Tax language
- Attorneys’ fees clauses
Negotiation Issues
Potential negotiation issues include increased severance, continued benefits, neutral reference language, narrowing overbroad releases, limiting confidentiality obligations, removing no-rehire language, correcting wage and final pay representations, and preserving rights that should not be waived.
Frequently Asked Questions
A separation agreement is a contract your employer asks you to sign when your employment ends. You are never required to sign one. In exchange for severance pay or other benefits, you are typically asked to release legal claims, accept confidentiality terms, and agree to other obligations.
Under federal law, employees 40 or older must be given at least 21 days to consider a separation agreement and 7 days to revoke after signing. Employees under 40 have whatever time the employer provides, though California employers must give reasonable time. Do not let an employer pressure you to sign immediately.
Typically all claims arising from your employment — including unpaid wages, discrimination, harassment, retaliation, and wrongful termination claims. This is why it is critical to have an attorney review the agreement before you sign.
Yes. Separation agreements are contracts and their terms are negotiable. An attorney can evaluate whether the severance offered is fair given the strength of your potential claims and negotiate on your behalf.
You keep all your legal rights. You may lose any severance pay the employer was offering, but you preserve the ability to pursue claims you may have. Whether to sign depends entirely on your specific situation and the strength of your potential claims.
California employment claims have strict filing deadlines — as short as six months for claims involving government employers. Once the deadline passes, even a strong claim cannot be recovered. If you believe your rights were violated, the time to act is now.
Understand what you’re signing before you sign it.
Read the Separation Guide