What to Know Before Signing a Severance Agreement
What to Know Before Signing a Severance Agreement
When you're presented with a severance agreement, it's natural to feel pressured to sign quickly—especially if you've just been laid off. However, taking the time to understand what you're agreeing to can make a significant difference in your financial security and future rights. At Roberts, Basnuevo & Macias, P.A., we help individuals throughout Miami-Dade County understand the terms of severance agreements so they can make informed decisions.
What Is a Severance Agreement?
A severance agreement is a contract offered by an employer when your employment ends. It typically includes compensation—often called severance pay—in exchange for you waiving certain rights. These agreements often contain complex legal language that can have long-term consequences.
Key Elements to Review
Here are important components to look for before signing:
1. Compensation and Benefits
Make sure the severance pay offered matches the time you've worked and reflects any unused vacation or paid time off. Also, check whether health insurance benefits (like COBRA coverage) are included.
2. Waiver of Legal Claims
Most severance agreements ask you to give up the right to sue your employer for wrongful termination, discrimination, or unpaid wages. This is a serious waiver that should not be taken lightly.
3. Non-Compete and Confidentiality Clauses
Many agreements include restrictions on working for competitors or disclosing company information. These clauses could affect your ability to find a new job.
4. Reference and Reputation
Some agreements include language about what your employer will say if contacted by future employers. Make sure it won’t harm your job search.
5. Deadlines and Revocation Periods
Severance agreements often include deadlines for signing and, in some cases, revocation periods that give you time to change your mind. These time frames are especially important under federal laws, such as the Older Workers Benefit Protection Act (OWBPA).
Why Legal Review Matters
Signing a severance agreement without legal review can put your rights at risk. A lawyer can:
- Clarify unclear terms
- Negotiate better compensation
- Identify red flags
- Ensure compliance with federal and Florida state laws
At Roberts, Basnuevo & Macias, P.A., we assist Miami-Dade County employees in reviewing and negotiating severance agreements that protect their interests.