Top 5 Reasons a Separated Employee Benefits From Having Their Separation Agreement Reviewed by Counsel 

When you’re presented with a separation agreement, it can feel overwhelming, especially when you’re navigating uncertainty about your next career step. These agreements are often packed with legal, financial, and practical implications that aren’t always obvious at first glance. Having an experienced employment attorney review the terms not only helps you understand what you’re signing, but also ensures you’re protecting your rights, your reputation, and your future opportunities.

A separation agreement covers far more than severance pay. Here are the five most important reasons to have an attorney review yours.

1. Evaluate Whether There Is Leverage for Negotiation 
   An experienced employment attorney can assess whether you have leverage to negotiate an improved severance package based on potential discrimination, retaliation, or other wrongful termination concerns.  

2. Compensation & Equity 
   Severance compensation often includes a mix of salary continuation, bonuses, commissions, and, at senior levels, equity awards or vesting considerations. These terms can be complex. Counsel can break down the numbers, explain how they fit together, and identify opportunities for improvement. 

3. Restrictive Covenants 
   Non-compete, non-solicitation, and confidentiality obligations remain enforceable in both New Jersey and New York. Understanding these restrictions before starting your next role is critical. Counsel can explain the risks, identify overly broad terms, and negotiate modifications when appropriate. 

4. Reputation & Messaging 
   How your departure is communicated internally and externally matters. Counsel can help you advocate for positive messaging, protect your professional reputation, and avoid language that could hinder your future opportunities. 

5. Other Benefits & Protections 
   Healthcare continuation (COBRA), unemployment, references, outplacement services, and payment timing are all negotiable components that should be evaluated carefully. These items can have significant financial and practical impact.

You only get one chance to negotiate your separation terms—and the right guidance can make all the difference. I help employees and executives understand every element of their agreement, identify opportunities for improvement, and move forward with clarity and confidence.

If you’ve been presented with a separation agreement, contact us before you sign.