severance

The Severance Agreement on Your Table: Read This First

The short version

A severance agreement is a trade: money for your legal claims. The release language — often citing California Civil Code section 1542 — is designed to cover even claims you don't know you have yet. That's why the review happens before the signature, and why pressure to sign on the spot deserves suspicion.

The release is the whole point

Everything else in the packet — the payment, the benefits paragraph, the reference letter — exists to buy one thing: your signature on a release of claims. Many releases waive the protections of Civil Code section 1542, which otherwise preserves unknown claims. In plain terms: you may be signing away things you haven't discovered yet, like unpaid overtime or a misclassification issue.

Clauses that deserve a slow read

Look for non-disparagement terms (what are you allowed to say about what happened?), confidentiality terms (California limits these, especially around unlawful conduct), no-rehire clauses, and anything about cooperation or future claims. None of these are automatically bad — but each one is negotiable, and workers rarely realize that.

The deadline is usually softer than it looks

Employers set response dates for their own convenience, and asking for time to have an agreement reviewed is normal, professional behavior. Certain releases legally require that you get time to consider and to consult an attorney. If an offer genuinely evaporates because you asked for a review, that tells you something important about what the release was worth.

How to size the offer honestly

The number on the check only makes sense next to the claims you'd be releasing. A modest severance after a clean, undisputed layoff is one thing; the same number after a complaint, a leave request, or years of unpaid overtime is another. That comparison — offer versus claims — is exactly what an attorney does in a first review, and exactly why our intake organizes your story before that call.

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Questions this raises

Can I negotiate a severance, or is it take-it-or-leave-it?

Severance is a negotiation, even when it's presented as final. What moves the number is the strength of the claims being released — which is why understanding your facts comes before responding.

I already signed and I regret it. Is it final?

Usually a signed release holds, but not always: some have revocation periods, some claims can't lawfully be released, and defective agreements can be challenged. Bring the signed copy to an attorney and let the language decide.

Any hour means any hour

Still turning it over? Say it once, out loud.

That's the whole first step. One unhurried conversation — any hour — and you leave with your story organized and a video call booked with a California employment attorney.

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