Should I sign my severance agreement right away?

Severance agreements often give you a set period to consider them, commonly 21 days. Signing can give up your right to sue later, so it pays to get advice before you sign.

Can a severance agreement be negotiated?

Often, yes, when possible. Whether better terms are realistic depends on the facts, including any claims you might have. Frances will tell you plainly.

I am under 40. Do I still get 21 days?

Not necessarily. The 21-day rule comes from a federal law that protects workers 40 and older. Your agreement may still give you time, and some state laws set review periods for certain terms. Check the deadline in the document.

What does a severance review cost?

Severance review is available as flat-fee or hourly work, agreed in writing before it starts. See fee structures for how each one works.

Does the non-compete in my agreement hold up?

It depends on the clause and on state law, which often limits non-competes in several ways. Frances reviews restrictive covenants as part of a severance review.

Will the agreement stop me talking about my job?

Many agreements include confidentiality and non-disparagement terms. Some states limit how those terms can apply to unlawful employment practices, and Frances explains what yours would and would not restrict.

Severance Review & Negotiation

Severance agreement review in Evanston.

Before you sign a severance agreement, have it reviewed. Signing usually gives up your right to bring legal claims later, including claims for an unlawful firing, discrimination or retaliation. Many agreements come with a built-in review window, often 21 days. Frances Teale reviews and negotiates severance agreements for employees in Evanston and nearby communities, and a review is worth having even when no claim is in view.

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Who we represent
Employees only
Who you speak with
Your attorney
Fee structures
Contingency, flat fee, hourly
First conversation
Confidential

How Frances helps

Every severance offer has terms attached.

Even if you feel pressure to sign quickly, it pays to get advice before you sign. A review tells you what you would give up, what is standard and what is not, and whether there is room to ask for more.

What Frances reviews

She works through the release of claims and exactly what you would be giving up; any potential legal claims that could support better terms; the payment, continued benefits and the language around them; restrictive covenants, such as non-compete and non-solicitation clauses; and repayment, confidentiality and non-disparagement terms that may work against you. She also checks what the agreement says about references, unvested equity or bonuses, and when payments are made.

Why the release matters most

The heart of most severance agreements is the release: your promise not to sue in exchange for the payment. A broad release can cover claims you have not thought about yet, including discrimination, retaliation and contract claims. Some rights cannot be waived in a private agreement, such as the right to file a charge with the EEOC, and the agreement should not say otherwise.

What to do before you sign

Note the date you received the agreement and the deadline it gives you. Do not sign on the spot, even if you are told the offer is standard or will be withdrawn. Gather your offer letter, any employment contract, equity or bonus documents and your last few reviews, because they affect what the agreement is worth and what it takes away. Avoid discussing the terms widely until you have advice, then send the agreement to Frances with the deadline marked.

Where the 21 days comes from

For workers 40 and older, the federal Older Workers Benefit Protection Act requires time to consider a release of age claims, generally at least 21 days, or 45 days in a group layoff, plus 7 days to revoke after signing. Some states set their own review and revocation periods for certain confidentiality terms about unlawful employment practices. The deadline in your agreement is the one to watch, and a review can usually fit inside it.

Non-competes and other restrictions

Many states limit when non-compete and non-solicitation agreements can be enforced, some with earnings thresholds and notice requirements. A severance agreement may add new restrictions or restate old ones. Frances explains what each restriction would mean for your next job, and whether it is likely to hold.

Final pay and health coverage

Severance is separate from wages you have already earned. Final compensation, including earned wages and, in many states, earned vacation, is generally owed whether or not you sign. If the agreement makes final pay depend on signing, that is worth questioning. Continued health coverage is often handled through COBRA, and some agreements offer to pay part of the premium for a period, which can be a point to negotiate.

Can severance be negotiated?

Often, when possible. Whether better terms are realistic depends on the facts: the reason for the termination, any claims you may have, your role and tenure, and what the employer wants from the agreement. Improved terms might mean more compensation, continued benefits, an agreed reference, a changed separation date or plainer wording. Frances will tell you plainly whether negotiation makes sense.

If you think you were wrongfully terminated

If the termination may have been discriminatory or retaliatory, a severance offer is a decision point. Signing can end a claim, negotiating can use it as leverage, and declining keeps it open. See wrongful termination for how Frances looks at the firing itself, and retaliation if you were let go after speaking up.

How severance review is billed

Severance review is usually one-time legal support, handled as flat-fee or hourly work without a lawsuit. Frances tells you which fits once she sees the agreement, and the terms are agreed in writing before work starts. See fee structures.

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What to expect

What happens after you call.

A severance review is quick by design, because the clock in your agreement is already running.

Call (555) 014-7726

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Your attorney here

The attorney behind this work.

Frances Teale

Partner, Marrable Law

Frances defended employers at a management-side firm before she crossed over to represent workers. She now leads the employee-side practice at Marrable Law, including individual and group wage and hour cases. When you call about this kind of matter, you speak with her.

Call (555) 014-7726 Read Frances’s background

Before you call

What people want to know first.

Severance agreements often give you a set period to consider them, commonly 21 days. Signing can give up your right to sue later, so it pays to get advice before you sign.
Often, yes, when possible. Whether better terms are realistic depends on the facts, including any claims you might have. Frances will tell you plainly.
Not necessarily. The 21-day rule comes from a federal law that protects workers 40 and older. Your agreement may still give you time, and some state laws set review periods for certain terms. Check the deadline in the document.
Severance review is available as flat-fee or hourly work, agreed in writing before it starts. See fee structures for how each one works.
It depends on the clause and on state law, which often limits non-competes in several ways. Frances reviews restrictive covenants as part of a severance review.
Many agreements include confidentiality and non-disparagement terms. Some states limit how those terms can apply to unlawful employment practices, and Frances explains what yours would and would not restrict.