The Importance of Reviewing a Severance Agreement with an Attorney

Man in suit is holding Severance Agreement papers. Visual concept for a legal blog by employment law lawyers of Madsen, Prestley & Parenteau, LLC discussing the importance of having an attorney review your service agreement before you sign.

When your employer hands you a severance agreement, it may feel like the final chapter in your job—but it is not just paperwork. It is a binding legal contract that affects your future. Before you sign anything, take the time to understand what you are agreeing to and what rights you might be giving up.

What’s in a Severance Agreement

At first glance, a severance agreement might look like a goodwill gesture. Maybe your employer is offering several weeks of pay, extended benefits, or job placement help. That can all sound great—especially if you did not see the separation coming.

But every severance agreement also comes with strings attached. You are likely being asked to waive your right to sue, give up claims under state or federal law, or agree not to talk about what happened. You may also be subject to non-compete or non-disparagement clauses that could limit your future employment or your ability to speak out.

This is where engaging a lawyer to review your severance agreement can make a major difference. You need to know what you’re giving up, what’s enforceable, and whether the benefits that you are receiving fairly compensate you for the rights that you are waiving. In some cases, the agreement may include language that overreaches—or outright violates your rights.

In Connecticut, employment laws offer certain protections, but employers don’t always spell out what you’re entitled to. A severance agreement review can help you understand whether the offer meets legal standards or needs to be pushed back on.

And your employer may have already had a legal team review the agreement. You deserve the same level of protection. Don’t assume that just because you’re not in court, you don’t need legal advice. You’re signing away rights that could have major consequences down the line.

You also need to think about timing. Many agreements come with a deadline. It is important to consult with an attorney well in advance of the deadline to sign the agreement so that all of your options remain on the table and so that you have sufficient time to take the actions recommended by the attorney prior to the deadline set by the employer.

Why Legal Review Matters for Your Future

Many employees don’t realize that you can negotiate a severance agreement. In fact, it’s common—especially if you’ve been with the company a long time or if you may have legal claims related to your employment or your separation from your employer.

An employment separation agreement lawyer will assess your situation and determine whether you have leverage. Were you laid off after reporting harassment or discrimination or after opposing other illegal or unethical conduct? Do you believe that your employer is providing a false reason to justify the termination of your employment? These are circumstances that could support a legal claim against your employer, and your legal claim may be worth more than the amount of severance that you are being offered. It is critical that you consult with an employment attorney about any legal claims that you may have, and the strength of those claims, before you sign a severance agreement which results in a waiver of those claims.

In addition, other laws, such as the Age Discrimination in Employment Act (ADEA), require that severance agreements include certain information for the benefit of the employee in order for an employee’s waiver of rights to be valid and enforceable. An employment attorney can review the agreement to ensure that it complies with those requirements before you sign it.

Even if your exit was amicable, you shouldn’t assume that your employer’s offer is the best you can do. Consulting with a lawyer to review severance agreement language can help you clarify terms like when you will receive your separation payments, what happens to your unused vacation days, and how COBRA benefits will be administered.

This also matters for unemployment. Some agreements include language that could make it harder for you to claim unemployment benefits. Others might limit what you can say about your departure—affecting job references or future applications. Without a legal review, you may not know you’ve agreed to something that hurts your chances of finding work.

Another important reason to talk to a severance package attorney is confidentiality and defamation language. Some employers include language that seems harmless but could silence you unfairly or expose you to future legal risks. You don’t want to be penalized for telling the truth, especially if your departure involved misconduct by the company.

And don’t overlook non-compete clauses. These can restrict where you work next or even limit the clients you’re allowed to contact. A severance agreement review ensures these terms are legal and reasonable. If they’re not, your attorney can help you challenge them—or get them removed or modified before you sign.

Talk to a Severance Package Attorney Before You Sign

You don’t get a do-over once a severance agreement is signed and it becomes effective. That’s why it’s worth getting legal help now—not later.

At Madsen, Prestley & Parenteau, LLC, we work with employees across Connecticut to protect their rights and negotiate better outcomes. Whether you’ve just received a severance agreement or are unsure what your next steps should be, we’re here to help.

Contact our legal team today for a confidential severance agreement review by calling 860-246-2466 or sending a contact form. Let an employment separation agreement lawyer walk you through the terms, answer your questions, and help you make the best decision for your future.

Categories: Employment Law