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Employment

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Severance Offers: What to Ask Before You Sign the Release

Severance Offers: What to Ask Before You Sign the Release

A severance agreement is a negotiation, not a formality. Here is what to check, and what is often negotiable.

Eleanor Calder

Eleanor Calder, Esq.

Founder & Principal Attorney

Being handed a severance agreement is stressful, and the deadline can make it feel non-negotiable. It usually isn’t.

Read the release carefully

Most agreements ask you to give up legal claims in exchange for payment. Make sure you understand which claims, and whether money you are already owed is being folded in.

Know your deadlines

Under federal law, employees aged 40 and over generally get at least 21 days to review an agreement and 7 days to revoke after signing. Use that time.

What is often negotiable

The amount and timing of pay, continued health coverage, references, the scope of any non-compete and how your departure is described are all common points of negotiation.

When to get advice

If the agreement is long, includes a non-compete, or you suspect the termination was unfair, a short review usually pays for itself.

This article is general information, not legal advice for your situation. For advice on your own matter, schedule a consultation.

Eleanor Calder

Written by Eleanor Calder, Esq.

Principal attorney at Calder Law, advising individuals, families and small businesses in New York and New Jersey since 2009.

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