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Severance Agreement Reviews

Got a severance offer? Have it reviewed before you sign. We read the release, tell you what you would be giving up, and negotiate for more when the offer is too low.

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01 · The premise

Los Angeles Severance Agreement Reviews

Got a severance offer? Have it reviewed before you sign. We read the release, tell you what you would be giving up, and negotiate for more when the offer is too low.

A severance agreement is a contract your employer offers when your job ends. It may also be called a separation, termination, or release agreement. In exchange for severance pay, it usually asks you to give up your right to bring claims against the company. You can negotiate any part of it before you sign. Jonathan J. Delshad reviews severance agreements for employees and negotiates them on their behalf.

California law does not require employers to provide severance pay or a severance agreement when employment ends. However, employers who discharge employees must pay all wages owed under California law, whether or not you sign anything. The release in a severance agreement is what the employer is paying for, so it helps to know what the claims you would be releasing could be worth.

Many severance offers follow a formula, such as one to two weeks of pay for every year of service. Some add continued benefits, outplacement services, or an agreed reference. We compare the offer with what is common for your role and your situation. We review severance agreements on an hourly basis or for a flat fee, and we tell you which applies before we start.

02 · The case

Know Your Rights Before You Sign: California's Five-Business-Day Rule

Since January 1, 2022, California law (Gov. Code § 12964.5, the "Silenced No More Act") requires an employer offering a severance agreement to (1) notify you in writing that you have the right to consult an attorney about the agreement, and (2) give you a reasonable period of at least five business days to do so. You may sign sooner only if your decision is knowing and voluntary, an employer cannot pressure you into signing on the spot. California law also strictly limits confidentiality and non-disparagement clauses: no severance agreement can lawfully prevent you from discussing unlawful acts in the workplace, such as harassment or discrimination.

Employees 40 and older have additional federal protections when releasing age discrimination claims: the agreement must give you at least 21 days to consider it (45 days in a group layoff) and 7 days to revoke after signing.

The five-business-day window exists precisely so you can do what you are doing right now, get the agreement reviewed. Use it. We review severance agreements quickly, identify what you are giving up, and tell you whether the offer should be negotiated higher.

03 · In focus

Employee Handbooks

Your employer's handbook often sets out its policies on severance, bonuses, commissions, and paid time off. We compare the offer you received with what the handbook says, so you are not asked to give up something the company's own policy already promised you.

04 · The ground

Employee Agreements

Your offer letter or employment contract may already promise severance, notice, or bonus terms. We check whether the severance agreement asks you to give up any of those.

05 · The case

Termination Agreements

Some employers call the document a termination or separation agreement. The name does not change what matters: what you release, what you are paid, and what you agree not to do afterwards, such as soliciting clients or discussing the company.

06 · In focus

Indemnification Agreements

Some agreements ask you to repay money, or to cover the employer's costs, if you later break one of its terms. We flag these clauses and explain what they could cost you.

07 · The ground

Severance Agreements

You sign a severance agreement voluntarily, and you can ask for changes first. Jonathan J. Delshad reviews the package to make sure the deal is fair to you. A valid release requires real consideration: the employer must give you something beyond what you are already legally owed. Your final wages, accrued vacation/PTO payout, and vested benefits belong to you regardless. An agreement that offers only what you are already entitled to is not a deal, and an employer cannot lawfully condition payment of earned wages on signing a release.

08 · The case

Confidentiality Agreements

Suppose a company works with sensitive data or trade secrets. In that case, an employer can add a confidentiality agreement to a severance agreement, an overarching employment contract, or on its own to an employee before they begin work. Always consult an experienced employment law attorney before you sign one of these to ensure that legal rights are not infringed upon.

Related guides: what a California severance agreement must include, and whether a non-compete is enforceable in California.

09 · In focus

Waivers

Almost every severance agreement includes a waiver, in which you give up the right to bring claims against your employer. We check which claims the waiver covers, and whether any of them may be worth more than the severance on offer.

10 · The ground

Contact A Severance Agreement Lawyer for a Free Consultation

The Law Offices of Jonathan J. Delshad offers a free first consultation about your severance agreement. We will tell you whether the offer looks fair, what you would be giving up by signing, and what a full review or negotiation would cost.

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Common questions

The questions people ask first.

Short, straight answers. The specifics depend on your situation, that’s what the free review is for.

In California, true severance pay generally does not disqualify you from unemployment benefits. But how a payment is characterized matters, for example, wages paid "in lieu of notice" are treated differently, so have the agreement reviewed and check with the EDD about your specific situation before relying on both.

You don’t have to sign anything if you don’t want to. Coercion makes a waiver, a release, or a severance package invalid. You can sue a former employer for forcing you to sign something.

You can negotiate with your employer about the terms of your severance. Most employers want to avoid spending a long time negotiating, so make sure you have a reasonable counter-offer that works for both you and your employer.

Prepare for your exit interview, and review your employee handbook and other company policies to determine what would be missing from your severance and how it would be calculated. A qualified employment law attorney can also help you negotiate your severance pay and benefits to get what you need.

A severance package should at least include COBRA information, unemployment information, and how to use or cash out your vacation days or PTO accrued.

Several things, and this is where a professional review earns its keep. Some agreements contain offset or repayment provisions that reduce or claw back your severance if you find new work during the severance period. Others contain overbroad releases, improper confidentiality or non-disparagement clauses (which California law now restricts), non-solicitation terms, or waivers of claims you may not realize you have. Before signing, you should know exactly what claims you are releasing and what they could be worth. Sometimes the claims are worth far more than the severance being offered.

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