Did Your Company Offer You a Separation Agreement? Here's What to Do
March 14, 2025
Separation Agreements: What to Know Before You Sign
Receiving a separation agreement from your employer can be overwhelming, especially if it comes unexpectedly. While it may seem like just another HR formality, this document can have serious implications for your financial future, career prospects, and legal rights. Before signing anything, take the time to understand what you're agreeing to and what steps you should take to protect yourself.
Key Steps to Take When Presented with a Separation Agreement
1. Read Thoroughly
It’s crucial to review every detail of the agreement before making any decisions. Pay close attention to clauses such as:
- Release of claims – By signing, you may be waiving your right to file certain claims against your employer.
- Confidentiality provisions – Some agreements prevent you from discussing the terms or circumstances of your departure.
- Non-compete agreements – California law generally prohibits non-compete agreements (Business and Professions Code § 16600), meaning your employer cannot lawfully restrict your ability to work in your industry. However, some agreements may still attempt to impose limitations, so it’s important to review them carefully.
- Restrictions on future employment – Your employer may impose limitations that affect your career opportunities.
Understanding these terms will help you make an informed decision about whether to accept, negotiate, or decline the separation agreement your employer has presented to you.
2. Identify Your Priorities
Before deciding how to proceed, determine what matters most to you. Key considerations include:
- Severance package – Is the compensation fair based on your tenure and position?
- Continuation of benefits – Will your health insurance or other benefits be extended, and for how long?
- A positive reference – Can you negotiate the terms of how your departure will be communicated to future employers?
Knowing your priorities will help you decide whether to accept the separation agreement as-is or push for better terms.
3. Seek Legal Advice
Employment laws can be complex, and separation agreements often contain legal jargon that’s easy to overlook. Consulting with an employment lawyer is one of the smartest steps you can take. A lawyer can:
- Explain the legal implications of signing.
- Determine whether the severance package is fair, based on your tenure and role.
- Advise you on whether to negotiate or reject the offer.
Many attorneys offer initial consultations, so it’s worth seeking professional advice before making a final decision.
4. Negotiate If Possible
If certain terms of the agreement don’t work in your favor, you may have room to negotiate. Employers often expect some level of discussion before finalizing an agreement. Consider requesting:
- A higher severance payout if you believe the offer is too low.
- Extended health benefits to give yourself more time to transition.
- Revisions to restrictive clauses, such as modifying a non-compete to allow for better job opportunities.
- A well-reasoned counteroffer can sometimes lead to improved terms, so don’t hesitate to negotiate.
When You Might Consider Not Signing a Separation Agreement
While a separation agreement can provide financial security and a smooth transition, there are situations where signing may not be in your best interest.
- You believe you have a valid legal claim against the company – If you were wrongfully terminated, faced discrimination, were retaliated against, or have unpaid wages, signing may waive your right to take legal action.
- The severance package is inadequate – If the offer is far below what you believe you're entitled to, it may be worth negotiating or even rejecting the deal.
- You are unsure about the terms – Never sign an agreement you don’t fully understand. Seek legal advice before making a commitment.
Important Questions to Ask Your Employer
Before agreeing to anything, ask your employer these key questions:
- What is the reason for my termination?
- What is the severance pay amount and how is it calculated?
- How long will my health insurance benefits continue?
- Are there any restrictions on my future employment?
- Can I discuss this agreement with a lawyer?
A separation agreement is more than just paperwork—it’s a legally binding document that can affect your career and financial well-being. Take the time to review it carefully, identify your priorities, and seek professional guidance if needed. Whether you negotiate, accept, or decline, making an informed decision is key to securing the best possible severance package and protecting your future.
If you’re unsure about your rights or need help negotiating a better deal, consult with Lawyers for Employees and Consumer Rights.
Their experienced employment attorneys can review your agreement, advise you on your best options, and ensure you don’t sign away valuable rights. Contact us today to protect yourself and get the compensation you deserve.
Call 844-697-4448
today for a free and confidential consultation to discuss your separation agreement and ensure you get the help you need and deserve.
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