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Our services
Process
Our legal team employs a structured, three-phase approach to severance matters. We begin with a comprehensive document review, analyzing your proposed severance package against current federal standards like the Older Workers Benefit Protection Act (OWBPA) and relevant state laws to identify non-compliant or unfavorable clauses. This is followed by a strategic assessment of your leverage points, such as existing claims or company policies, to formulate a negotiation position. We then engage in direct, attorney-led negotiations, aiming to secure improved terms on average within a 10 to 21-day window before any response deadline. A key service in this process is our detailed Severance Package Review, which forms the critical foundation for any successful negotiation strategy.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Review & Strategy Phase | 1-3 business days |
| Common Negotiation Timeline | 10-21 days |
| Standard Response Deadline (Post-Receipt) | 21-45 days |
| Key Federal Review Standard | OWBPA 21-Day Consideration Period |
Local Considerations — USA
Severance law and practice vary significantly across the United States, requiring localized expertise. In major financial hubs like New York, agreements often involve complex equity and bonus clawback provisions, while in tech-centric regions like California, stringent state laws on wage payment and releases demand specific attention. Our national practice is structured to navigate these regional legal landscapes, from the at-will employment norms of Texas to the more employee-friendly statutes of Illinois. We provide tailored counsel that accounts for local judicial tendencies and industry standards, ensuring effective representation whether your case is based in Los Angeles, Chicago, or another major metropolitan area.
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Standards & Compliance
- Older Workers Benefit Protection Act (OWBPA)
- Employee Retirement Income Security Act (ERISA)
- State-Specific Wage Payment Laws (e.g., CA Labor Code)
- Federal & State Anti-Discrimination Statutes (Title VII, ADEA)
Frequently Asked Questions
What is the most critical step after receiving a severance offer?
The most critical step is to avoid signing immediately. You must understand the legal implications of every clause, including non-compete, non-disparagement, and release of claims provisions. Listed attorneys conduct a thorough review to identify potential pitfalls and advise on your legal rights before any deadline.
How long do I typically have to consider a severance agreement?
For agreements involving employees over 40, the federal OWBPA mandates a minimum 21-day consideration period for individual offers and 45 days for group termination programs. However, employers may set shorter deadlines for other employees, often 7-14 days. It is essential to confirm the exact deadline in your documents.
Can I negotiate a severance package if my employment was terminated 'at-will'?
Yes, negotiation is often possible. 'At-will' termination does not preclude negotiation of severance terms, which are a separate contractual matter. Leverage can arise from undisputed wages, accrued benefits, or the employer's desire for a full release of claims. Listed attorneys assess your specific situation to determine a viable negotiation strategy.
How much does severance legal counsel cost in the USA?
Legal fees for severance matters are typically structured on a flat-fee basis for package review and negotiation strategy, or an hourly rate for extended negotiations or litigation. Costs depend on the agreement's complexity, number of issues, and required attorney time. For a 2026 reference, comprehensive review and negotiation often range from a set fee for document analysis to higher amounts for complex executive agreements. We recommend requesting a specific proposal based on your documents.