Severance Agreement Playbook

Know what you are giving up in exchange for severance. These agreements are negotiable.

4
Critical Red Flags
2
Warning Signs
6
Protections to Ask For
5 min
Estimated Skim Time
Quick Jump
Biggest Trap in Severance Agreement Contracts

Verbal Promises Not in Writing

Promises about references or rehire eligibility are not enforceable unless written

Start Here

The 3 most important things to check first

1

No ADEA Compliance (Age 40+)

Without proper ADEA language, the release of age claims may be invalid.

Learn more below
2

Gag Clause on Government Agencies

You cannot be prohibited from reporting violations to EEOC, SEC, or OSHA.

Learn more below
3

Forfeiture of Vested Benefits

Vested retirement benefits typically cannot be forfeited.

Learn more below

Critical Red Flags

Requires immediate attention
critical

What to Watch For

Common red flags we find in these contracts

No ADEA Compliance (Age 40+)

Critical

Without proper ADEA language, the release of age claims may be invalid.

Unlock All Red Flags

+3 more red flags available

Get detailed explanations for all red flags, including severity levels and what to look for in the fine print.

One-time payment. Instant access. No subscription required.

Analyze your severance agreement contract

Warning Signs

Review carefully
warning

What to Watch For

Common red flags we find in these contracts

One-Sided Non-Disparagement

Warning

Non-disparagement should be mutual, not just binding the employee.

Unlock All Red Flags

Get detailed explanations for all red flags, including severity levels and what to look for in the fine print.

One-time payment. Instant access. No subscription required.

What to Ask For

Must-Have Protections

Checklist of protections your contract should include

Essential (Must Have)

Clear severance payment terms

Upgrade to see details

Unlock All Protections

+5 more protections available

Get the complete checklist of essential and recommended protections, with detailed explanations of what to look for and why.

One-time payment. Instant access. No subscription required.

Analyze your severance agreement contract

What's Fair

Industry Benchmarks

What is normal vs. what should raise concerns

Metric
Industry Standard
Red Flag
Severance amount
1-2 weeks per year
Less than 2 weeks total
Benefits continuation
1-6 months COBRA subsidy
None
Consideration period
21 days (45 for group)
Less than 21 days
Revocation period
7 days
None (40+)
Non-disparagement
Mutual
Employee only
Unlock benchmark values

Benchmarks based on industry standards. Individual contracts may vary based on specific circumstances.

Negotiation Scripts

Negotiation Tips

2 scripts available

Copy-paste scripts for common negotiation scenarios

Premium
Scenario

Severance amount seems low

"Given my [X] years of service and senior role, I believe a severance of [Y weeks..."

Upgrade to copy
Premium
Scenario

One-sided non-disparagement clause

"I am comfortable with non-disparagement, but it should be mutual. I would like t..."

Upgrade to copy

Unlock Negotiation Scripts

Get ready-to-use, copy-paste negotiation scripts crafted by legal experts. Just paste into an email or use in conversation.

One-time payment. Instant access. No subscription required.

Analyze your severance agreement contract

Common Traps

Common Traps

Sneaky clauses that often catch people off guard

Verbal Promises Not in Writing

Upgrade to see why this matters and how to fix it

Unlock All Common Traps

Learn about all the sneaky clauses that catch people off guard, with detailed explanations and exactly what to clarify.

One-time payment. Instant access. No subscription required.

Related Playbooks

Employment Contract

Full-time job offers, executive agreements, and offer letters

Non-Disclosure Agreement

NDAs, confidentiality agreements, and mutual NDAs

Ready to analyze your severance agreement?

Upload your contract and get personalized AI analysis with specific issues, explanations, and negotiation suggestions.

Analyze Contract Free