Before You Sign Your Severance Agreement
A severance offer is a legal document with lasting consequences. An experienced attorney can help you understand what you're giving up, what you should ask for, and where you have leverage.
Request a ReviewMost severance agreements include a deadline to sign — typically 21 or 45 days. Early review preserves your options.
Key Provisions in Your Agreement
Severance agreements are drafted by your employer's attorneys to protect the company. Every provision deserves scrutiny. These are the areas where I focus:
Release of Claims
What legal rights you're waiving — including discrimination, retaliation, and wage claims — and whether the scope is broader than necessary.
Non-Compete & Non-Solicit
Whether restrictive covenants are enforceable under Washington law, and how they could limit your next opportunity.
Severance Pay & Benefits
Whether the compensation offered is reasonable given your tenure, role, and the circumstances of your departure.
Confidentiality & Non-Disparagement
Whether these provisions are mutual, and whether they could prevent you from discussing your experience or seeking future opportunities.
Reference & Rehire Terms
What your employer will say about you going forward, and whether they've agreed not to contest unemployment benefits.
Equity, Bonuses & Deferred Compensation
Whether RSU vesting schedules, stock option exercise windows, earned bonuses, commissions, or deferred compensation are properly addressed — or quietly forfeited in the release.
Your Total Package Has Moving Parts
Modern compensation — especially at the director level and above — extends well beyond base salary. A severance agreement that looks reasonable on its face may leave significant value on the table if these components are not carefully addressed.
Restricted Stock Units (RSUs)
RSUs that have not yet vested are often forfeited at termination. Your agreement may accelerate vesting, extend the timeline, or say nothing at all — and silence usually means forfeiture. The difference can be substantial.
Stock Options
Vested stock options typically have a limited post-termination exercise window — often 90 days. If your agreement does not extend that window, you may lose the ability to exercise options you have already earned.
Bonus & Commission Payments
Annual bonuses, retention bonuses, and sales commissions may be owed in whole or in part depending on when in the performance period your separation occurs. Agreements frequently attempt to disclaim these obligations.
COBRA & Benefits Continuation
Employer-subsidized COBRA, continued life insurance, or extended access to wellness programs can represent meaningful value. These are often negotiable even when the initial offer omits them.
Deferred Compensation & Retirement Plans
Nonqualified deferred compensation plans, supplemental retirement benefits, and employer 401(k) match true-ups are governed by plan documents that may conflict with the terms of your severance agreement.
A Focused, Efficient Process
Severance review does not need to be drawn out. Most reviews follow a straightforward process:
Initial Consultation
We discuss the circumstances of your separation, your concerns, and your priorities — whether that's maximizing compensation, preserving future flexibility, or both.
Agreement Review
I review every provision of your agreement, identify areas of concern, and assess your leverage based on the facts of your situation.
Guidance & Strategy
You receive a clear assessment: what to accept, what to push back on, and how to approach the conversation with your employer. If negotiation is warranted, I can handle that directly.
Legal Counsel with Executive Experience
Before returning to legal practice, I served as CEO of a 250-employee organization — negotiating executive agreements, managing separations, and making the decisions that produce the documents now on your desk. That perspective informs how I read your agreement and where I look for leverage that other attorneys may miss.
State-Specific Considerations
Washington law provides protections that directly affect severance agreements. These provisions matter in every review:
Non-Compete Restrictions
Washington limits the enforceability of non-compete agreements. Employees earning below the statutory threshold cannot be bound by them — and employers must provide independent consideration beyond continued employment.
Wage & Benefit Protections
Accrued vacation, earned commissions, and other wages may be owed regardless of the severance agreement. A release cannot extinguish rights to compensation already earned under Washington law.
Age Discrimination Protections
If you are 40 or older, federal law requires specific disclosures and a minimum review period. Agreements that fail to meet these requirements may not effectively release your claims.
Unemployment Benefits
Signing a severance agreement does not automatically disqualify you from unemployment. The terms of the agreement — and how the separation is characterized — can affect your eligibility.
Transparent, Flexible Fee Options
Choose the arrangement that fits your situation. Both options include a thorough review of your agreement and a clear assessment of your rights and leverage.
Not sure which option is right? We'll discuss the best approach during your initial consultation.
Request a Severance Review
Tell us about your situation and we'll follow up within one business day to discuss your agreement and next steps.
Understand Your Agreement Before the Deadline Passes
Submit your inquiry above or call to discuss your severance agreement. Flat-fee and hourly options available.
Request a ReviewThis page provides general information and does not constitute legal advice. No attorney-client relationship is formed until a formal engagement agreement is signed.