Navigating Severance Agreements: A New York City Guide to Negotiation and Review

 When facing the end of employment, understanding your severance package is crucial. Severance agreements often contain complex and confusing legal language, making it essential to consult with an employment lawyer before signing. At Mansell Law, we specialize in helping employees in New York City ensure their severance packages are fair and that they move on with the best possible terms for their future.

What Is a Severance Agreement?

A severance agreement outlines the terms of separation between you and your employer. It includes severance pay, benefits, and other conditions that may affect your rights. Importantly, it is a binding contract that requires consideration from both parties — this means both you and your employer must give something of value in exchange for the agreement to be valid.

Severance packages often include compensation beyond your final paycheck and accrued leave, but in return, you might be asked to waive certain rights, like the ability to sue your employer for discrimination, harassment, or wage violations. If your employer is eager to avoid potential legal disputes, you may be in a strong bargaining position, and an experienced employment lawyer can help you leverage this for a better deal.

Know Your Rights: OWBPA Protection for Older Employees

If you are over 40, you are protected by the Older Workers Benefit Protection Act (OWBPA). This law ensures that older employees are not discriminated against in severance agreements and that any waiver of your right to sue is voluntary and informed. Under OWBPA, you have:

  • 21 days to review a severance agreement if it applies only to you
  • 45 days to review if the agreement applies to a group of employees
  • 7 days to revoke your acceptance after signing

Why You Need a Severance Lawyer

Signing a severance agreement can have long-term implications for your career and financial future. An employment lawyer can:

  • Review the terms to ensure you’re getting what you deserve
  • Negotiate for better severance pay or benefits
  • Ensure the release of claims in the agreement is fair
  • Help you understand any non-compete or non-disparagement clauses

Contact Mansell Law for Your Severance Review

Mansell Law has extensive experience negotiating and reviewing severance packages for employees in New York City. If you’re facing a severance agreement, don’t sign until you know your rights. Call us at 646–921–8900 to schedule a consultation.

Location: New York, NY, USA

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