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Our services
Process
Our severance package review follows a meticulous, three-phase technical procedure. First, we conduct a comprehensive document analysis, examining every clause against applicable statutes like the Older Workers Benefit Protection Act (OWBPA) and state-specific regulations. We utilize a checklist of over 50 potential issues, from non-compete enforceability to release of claims scope. Second, we perform a financial impact assessment, modeling the present value of offered compensation versus potential litigation recovery. Finally, we provide a detailed written report with clear, actionable recommendations for negotiation, typically delivered within 5-7 business days. This structured approach ensures no critical detail is overlooked.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Review Timeline | 5-7 business days |
| Common Issues Identified | Release Scope, Non-Compete Clauses, Bonus/Equity Forfeiture |
| Governing Law Analysis | Federal & State-Specific (e.g., CA, NY, TX) |
| Report Deliverable | Detailed Written Assessment with Negotiation Strategy |
Local Considerations — USA
Severance law varies significantly across the United States, requiring localized expertise. In tech hubs like San Francisco, reviews often focus on complex equity vesting and intellectual property clauses. In financial centers like New York, bonus structures and garden leave provisions are paramount. States like California have unique prohibitions on non-compete agreements, while others enforce them under reasonableness standards. Our national practice adapts by leveraging attorneys deeply familiar with each jurisdiction's nuances, ensuring advice is precise whether a client is in a major metropolitan area or a specific region with distinct employment laws.
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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)
- Uniform Trade Secrets Act (UTSA) variations
Frequently Asked Questions
What is typically included in a severance package review?
Our review includes a line-by-line analysis of the separation agreement, identification of non-compliant or overly broad clauses (like releases and restrictive covenants), assessment of the financial fairness of the offer, and clear guidance on negotiable points. We provide a written report outlining risks and a strategic negotiation roadmap.
How long do I have to review and sign a severance agreement?
Federal law, specifically the OWBPA, often requires a minimum 21-day consideration period for group layoffs and 7 days for revocation after signing. For individual agreements over age 40, 21 days is standard. State laws may extend these deadlines. We ensure you understand and utilize your full legal timeframe.
Can you help if I've already signed my severance agreement?
Once signed, options are extremely limited but not impossible. In very rare circumstances, such as proving fraud, duress, or a material mistake, a court may set aside an agreement. It is critically important to seek a legal review before signing any binding document.
How much does a Severance Package Review cost?
The cost for a severance package review depends on the complexity of the agreement, the number of ancillary documents, and the specific state laws involved. We offer a flat-fee structure for this service to provide cost certainty. For a precise quote based on your documents, we recommend requesting a specific budget consultation.