Severance & Separation Agreement Review
Should You Sign That Severance Agreement?
The honest short answer: not yet, and not without knowing what you are giving up.
A California employment attorney reviews your severance or separation agreement for a flat fee, usually within a day or two — before you decide whether to sign.
ShortLegal reviews California severance agreements on a flat fee, with fast turnaround and no surprises on cost.
ShortLegal, APC reviews and negotiates severance and separation agreements for California employees.
$50M+ Recovered for Employees
Flat-fee review • Fast turnaround • No surprises on cost
No obligation. Initial consultations are confidential and at no cost.
The Short Answer
Not on the day you receive it. Read the whole agreement before you sign anything. The offer almost never disappears because you took reasonable time to review it — a company that truly needs an immediate signature is itself worth a second look.
Know your deadline — it may be longer than it looks. If you are 40 or older, federal law (the OWBPA) requires at least 21 days to consider the agreement — 45 days if it is offered as part of a group layoff or exit-incentive program — plus 7 days to revoke after signing. Employees under 40 get whatever the agreement states, so read the deadline line carefully.
Signing releases far more than "the severance issue." A release of claims typically covers every legal claim you have against the employer, usually including claims you do not yet know about through a Civil Code section 1542 waiver — and often adds non-disparagement, confidentiality, no-rehire, and cooperation obligations on top of the release.
Much of it is frequently negotiable. The amount, how and when it is paid, its tax treatment, reference language, and the scope of the release are often open to negotiation — especially where wages, bonuses, or commissions are still owed, or the termination followed a complaint, a leave, or other protected activity.
Do not sign without a lawyer if any of this applies. That includes any of the situations above, an agreement that waives PAGA or class-action rights, or a number that looks low for your tenure and role. A short conversation is usually enough to tell you where you stand.
Flat-Fee Severance Review
ShortLegal reviews California severance and separation agreements for a flat fee — a single, agreed price quoted up front, with no hourly billing and no surprises on cost. You’ll know what the review costs before you decide to proceed. The initial consultation to discuss your agreement and deadline is confidential and at no cost.
Flat-fee review • Fast turnaround • No surprises on cost
What You May Be Giving Up
- 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.
How Much Time You Have to Decide
How long you have to review a severance agreement depends on the situation. Under the federal Older Workers Benefit Protection Act (OWBPA), if you are 40 or older and the agreement asks you to waive age-discrimination claims:
- Individual separations. You must be given at least 21 days to consider the agreement, and 7 days after signing to revoke it.
- Group terminations or exit-incentive programs. If the agreement is offered in connection with a group termination or exit-incentive program (for example, a layoff affecting a class or group of employees), you must be given at least 45 days to consider it, along with written information about the group — the eligibility factors, the time limits, and the job titles and ages of those selected and not selected — plus the same 7-day revocation period after signing.
Employees under 40 get whatever time the employer provides, though California employers must still allow reasonable time. Whichever applies to you, do not let an employer pressure you into signing before you understand what you’re giving up. If your deadline is short, a quick call is usually enough to tell you whether you have more time than you think.
Not Sure What’s In Your Severance Agreement?
A short conversation is usually enough to tell you whether your agreement is worth a closer look, whether the deadline gives you enough time, and whether negotiation is realistic in your situation.
Free Consultation
Have a Severance Agreement to Review?
Tell us about your situation. Consultations are confidential and at no cost. ShortLegal will review your submission and reach out if it appears we may be able to help.
Or call (619) 272-0720. No obligation.
ShortLegal, APC
California Employment Attorney · State Bar No. 236140 · San Diego Office