Do Not Sign That Severance Agreement Yet
Signing a severance agreement without legal review can cost you everything
When an employer offers you a severance package, the money comes with a price: you waive your right to sue for discrimination, retaliation, wage theft, or any other legal claim you might have. That waiver is binding and nearly impossible to undo once signed. Before you accept any severance agreement — no matter how fair it looks — you need an attorney to review it. We do not charge for severance reviews. We only get paid if we negotiate more for you.
Federal law has specific protections for workers over 40. Under the Older Workers Benefit Protection Act (OWBPA), an amendment to the ADEA, any severance agreement that waives age discrimination claims must give you at least 21 days to consider the agreement (45 days for group terminations), a 7-day period to revoke your signature after signing, and a clear written advisement to consult an attorney. An agreement that does not meet these requirements cannot legally waive your ADEA rights — even if you signed it.
Beyond the legal requirements, most severance agreements are negotiable. Employers rarely offer their best number first. We look at what claims you may have waived, the strength of those claims, your tenure, your salary, and the circumstances of your termination to calculate what the severance should actually be worth. Then we negotiate. Common improvements include higher lump-sum payments, extended health insurance coverage, a neutral reference agreement, non-disparagement protections, and removal of non-compete provisions.
What you need to know
Plain-English answers to the questions that come up most often on these cases.
What You Are Waiving
A severance agreement typically releases your employer from all claims — discrimination, retaliation, wage theft, breach of contract, workers’ comp retaliation, and more. Understanding what you are giving up is the only way to evaluate whether the offer is fair.
Read moreOWBPA Requirements for Workers Over 40
Under the Older Workers Benefit Protection Act (OWBPA), agreements that waive ADEA (age discrimination) claims must give you 21 days to consider (45 for group terminations), a 7-day revocation window, and written advice to consult an attorney. Non-compliant agreements cannot waive age claims.
Read moreThe 21-Day Review Period
You are not required to sign immediately. The employer’s deadline is meant to create pressure — do not fall for it. Federal law gives workers over 40 a minimum of 21 days. Signing before that period ends is your choice, but never sign without having an attorney review the document first.
Read moreWhat Can Be Negotiated
Lump-sum payment, extended COBRA coverage, vesting of unvested stock or retirement contributions, a neutral-reference clause, non-disparagement terms running both directions, and removal or narrowing of non-compete clauses are all negotiable in most situations.
Read moreRetaliation and Discrimination Claims Raise the Value
If you have a credible discrimination, retaliation, or wage theft claim at the time of your termination, that significantly increases the leverage you have in severance negotiations. We assess those claims as part of every severance review.
Read moreFree Severance Review
We review severance agreements at no cost to you. If we can negotiate a higher amount or better terms, we take a contingency on the improvement — you keep the original offer no matter what. There is no risk to having us look at it.
Read moreHow we handle these cases
Read the full agreement — every line
We review the release language, the claims being waived, any non-compete or non-solicitation clauses, the non-disparagement provisions, and any carve-outs for claims that cannot legally be waived (like OWBPA-protected ADEA rights and workers’ comp claims in some states).
Assess your underlying claims
The value of your severance depends in part on what you are giving up. We review the circumstances of your termination to identify whether discrimination, retaliation, wage theft, or other claims exist — because those claims are leverage.
Verify OWBPA compliance for workers over 40
We confirm that the OWBPA’s mandatory requirements are met. A non-compliant agreement means your age discrimination rights were not validly waived — which is significant negotiating leverage or a basis to void the agreement.
Negotiate the full package
We contact the employer’s counsel with a counter-proposal addressing payment amount, benefits continuation, reference terms, non-disparagement scope, and any restrictive covenant concerns. Most employers have room to improve the initial offer.
Deliver a clear recommendation
We give you a plain-English recommendation — take it, negotiate it, or reject it — with the specific reasons why. The final decision is always yours. We never push you to sign or not sign based on our fee.
Real cases. Real results.
Three recent Workers’ Rights outcomes — case context and result. No client identifying information.
Worker over 55 presented with a severance agreement that failed to include the required 7-day revocation notice under OWBPA. We identified the defect, notified the employer that the ADEA waiver was unenforceable, and used the underlying age discrimination claim as leverage. Final severance was substantially higher than the initial offer.
Employee terminated while a workers’ comp claim was pending. Initial severance offered one week per year of service. We identified the §120 retaliation exposure and notified the employer. Final settlement doubled the lump sum and removed a two-year non-compete clause.
Employer laid off a group of 12 employees and presented a severance agreement with a 21-day review period. For group terminations, OWBPA requires 45 days. We sent a demand letter. The employer extended the review period and, under pressure, improved the payment terms for all affected employees.
Prior results do not guarantee a similar outcome. Each case is evaluated on its own facts. The case outcomes shown are representative examples; details have been altered or generalized to protect client confidentiality.
Related questions
Quick answers from our FAQ library.
Other ways we help
Same firm, same approach — different practice areas under one roof.
Workers’ Compensation
Injured at work. Lost wages. Denied benefits.
Learn more →Social Security Disability
Can’t work due to a disability. SSDI & SSI claims, denials, appeals.
Learn more →Long-Term Disability
Private LTD insurance denied or cut off. ERISA appeals.
Learn more →Personal Injury
Car accident. Construction site. Scaffold Law.
Learn more →Workers’ Rights lawyers near you
Seven New York offices serving working clients across the state.
The attorneys who work your case
Not a call centre. The lawyer who signs you is the lawyer who shows up.
Brian M. Mittman, Esq.
Managing Partner · Markhoff & Mittman, P.C.
Call 866-205-2415 Schedule with Brian- Admitted in New York
- 30+ years in practice
- Attends Board hearings personally
Brian has personally handled New York workers' compensation, SSDI, and personal-injury cases for over three decades. Your case is never handed off to a paralegal.
- Admitted in New York and New Jersey
- Pace University School of Law, J.D.
- Litigates before the Workers' Compensation Board
Randy has litigated every type of claim before the Workers' Compensation Board on behalf of hundreds of claimants.
- Admitted in New York, 2008
- New York Law School, J.D. 2007
- With The Disability Guys since 2013
Benai has spent more than a decade fighting for injured workers before the Workers' Compensation Board and the New York State Employees' Retirement Board.
Need a workers' rights lawyer?
Free consultation. No fee unless we win. English or Spanish. Day or night.