Flat-fee severance agreement review and negotiation. We review the agreement against the market, identify provisions worth negotiating, and help you understand what you're signing — including releases, non-compete and non-solicit provisions, equity treatment, and payment terms. Most reviews complete within 48 hours.
Average quote turnaround: under 1 hour · Free consultation, no obligation
Severance agreements are contracts presented to employees at termination — typically offering some combination of severance pay, benefits continuation, and outplacement services in exchange for the employee's release of any potential legal claims against the employer. The agreements are drafted by the employer's lawyers and tilt heavily in the employer's favor by default. Many include provisions employees don't expect: non-compete restrictions extending beyond the employment period, non-solicit provisions affecting future business activity, broad mutual non-disparagement covering future statements, cooperation obligations for litigation, confidentiality requirements that limit discussion of the separation, and equity provisions that affect treatment of unvested stock or options.
The legal work for a severance review is contained: read the agreement carefully, compare it to market terms for the industry and seniority level, identify provisions worth negotiating, and either negotiate directly with the employer's counsel or coach the employee through the negotiation. Most reviews complete within 48 hours from engagement to written analysis. Most negotiations resolve within a week or two — either with the employer agreeing to modifications, or with the employee deciding to sign as-is, or with the employee deciding to decline and explore other options.
What's realistic in negotiation depends on the situation. Severance amounts: sometimes negotiable, sometimes truly final based on company policy or RIF (reduction in force) framework. Non-compete and non-solicit terms: very often negotiable — these were often added with little thought to the specific employee's actual competitive impact. Release scope: the employer typically wants broad releases; specific carve-outs (for vested equity, for unpaid expenses, for unemployment claims, for whistleblower protections) are often added through negotiation. Equity provisions: depends on the company's standard treatment; sometimes accelerated vesting or other equity-side accommodations can be negotiated. We have honest conversations about what's realistic to negotiate in the specific situation rather than encouraging unrealistic expectations.
Scope note: We handle severance review and negotiation as a transactional flat-fee service. We do not handle contested wrongful termination, discrimination, retaliation, or harassment claims — those require different legal expertise and typically operate on contingent-fee structures. If your situation involves a contested legal claim against your employer, we can sometimes refer you to litigation specialists who handle those matters.
Free 20-minute consultation by phone or video. We discuss the situation: the separation context, the severance offer, what the employee is hoping to accomplish, and any specific concerns. We answer questions about what's typical in the industry and at the seniority level, and we provide an honest assessment of what's realistic to negotiate. The consultation is no-obligation; if the engagement isn't a fit, we say so directly.
The client provides the severance agreement plus any related documents (employment agreement, equity plan documents, employee handbook, any company policies referenced in the agreement). We review everything carefully. Time from receipt to written analysis: typically 24-48 hours depending on complexity and volume.
We provide a written analysis covering: the substantive terms (what the employee is being offered), the legal terms (what the employee is giving up), market comparison (whether the terms are favorable, neutral, or unfavorable), specific provisions worth negotiating, and a recommended negotiation strategy. The analysis is plain English — we explain what each provision means and why it matters, not in legal jargon.
Together with the client, we discuss the analysis and decide on negotiation priorities. Some clients want to push hard on multiple items; some want to push only on the most consequential issues; some decide that the agreement is reasonable and they want to sign as-is. The strategy reflects the client's priorities — not a one-size-fits-all approach. We coach clients through what to expect from the negotiation and what the realistic outcomes are.
For clients who want us to negotiate directly with the employer's counsel, we handle the negotiation. For clients who prefer to negotiate themselves (sometimes preferred when the employee wants to maintain a particular tone with the employer or HR), we draft the negotiation points and coach the client through the conversation. Either approach works depending on the client's preference and the specific situation.
Once the negotiation is complete (with modifications agreed or with the employer holding firm), we review the final version of the agreement and confirm everything reflects what was negotiated. The client signs when ready. Some clients want one more conversation before signing; some are ready immediately.
Flat fee set in writing before any work begins. Standard severance reviews price predictably. Complex situations (very senior executive severances with substantial equity and deferred compensation, multi-jurisdictional considerations, claims being released that warrant separate analysis) price with the additional complexity.
Most clients recover the cost of review many times over through negotiated modifications — even a single concession on a non-compete provision can have substantial career value, and most reviews identify multiple provisions worth pushing on.
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Most reviews complete within 48 hours from receipt of the documents. Many close to the same day for straightforward agreements when the client provides materials promptly. If you have a deadline (most severance agreements include a defined review period — typically 21 or 45 days depending on age and circumstance), tell us at the consultation and we'll work backwards from that deadline.
More than most employees realize. Commonly negotiable: non-compete and non-solicit provisions (often added with little thought to the specific employee's situation), release scope (specific carve-outs for vested equity, unpaid expenses, whistleblower protections), equity treatment (accelerated vesting, extended exercise periods for options), reference and re-employment provisions, mutual non-disparagement scope, and confidentiality terms. Sometimes negotiable depending on company circumstances: severance amount, benefits continuation period, outplacement services. Sometimes truly final: standardized RIF amounts in company-wide reductions in force.
Almost always worth a review first. The cost of review is small relative to the potential gains from negotiation and to the career impact of signing problematic provisions. Common provisions employees later regret signing without review: long non-compete periods that limit job search options, broad non-solicit provisions affecting future business activity, broad releases that give up claims the employee didn't realize existed, and confidentiality provisions that limit what the employee can say about the separation. Once you sign, modifications are dramatically harder.
Almost always worth careful review. Severance-attached non-competes are often broader than the employee realizes — sometimes covering job categories the employee never worked in, geographic areas where the employee never operated, or competitor definitions that include companies the employee wouldn't consider competitors. NY courts evaluate non-competes carefully and won't enforce overbroad ones, but litigating enforceability is expensive and uncertain. Better to negotiate the scope down before signing. We address non-compete scope in every severance review.
Federal law (the Older Workers Benefit Protection Act) requires that employees 40 or older receive at least 21 days to consider individual severance agreements and 45 days for group RIFs. Employees under 40 don't have the same statutory protection but most employers offer similar periods. Most agreements also include a 7-day revocation period after signing. The clock starts when the agreement is presented; we work within the deadline you have.
Flat fee set in writing before any work begins. Standard reviews price predictably; complex executive severances with substantial equity components price higher. Get a free quote in under an hour by submitting the contact form.
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