Severance Agreements,
Legally Speaking

A severance agreement is a contract between you and your employer that typically offers compensation or other benefits in connection with the end of your employment. In exchange, you may be asked to release potential legal claims against the company or agree to other terms affecting your rights. California law places limits on certain provisions employers can include or enforce, so the details matter.

In practice, it may look like HR sending you a document after a layoff or termination and giving you a deadline to decide. Before signing, it’s worth understanding what you’re receiving, what rights you may be giving up, and whether you have leverage to ask for more. Samson reviews the agreement alongside what happened at work, explains the terms in plain language, identifies potential leverage, and negotiates with your employer when appropriate.

Do I Need a Lawyer for Severance Negotiations?

You aren’t necessarily required to have a lawyer review or negotiate a severance agreement. But what looks like a simple payout can involve giving up potential claims or accepting terms that affect you after you leave. A lawyer can help you understand the tradeoff before you sign.

It may be worth talking to Samson Spiegelman if:

  • You aren’t sure what rights or legal claims the agreement asks you to release
  • You believe the circumstances surrounding your termination may give you leverage
  • You experienced discrimination, harassment, retaliation, or another workplace issue
  • You think your employer may be preparing to terminate or lay you off
  • You want to negotiate for additional severance pay or benefits
  • You have questions about confidentiality, non-disparagement, or other post-employment terms
  • You are a tech or remote worker with a complex compensation package or arrangement
  • You were given a short deadline and feel pressured to sign
  • You want someone to negotiate directly with your employer on your behalf

Severance Agreements for Tech and
Remote Workers

If you work in tech, your severance package may involve more than a few weeks of salary. Equity compensation, bonuses, commissions, health benefits, unused PTO, intellectual property provisions, and restrictions affecting what you can say or do after leaving may all need attention. Remote work can add another layer of complexity when you live in California, but your employer is headquartered elsewhere.

Samson can review the entire agreement alongside your compensation structure and the circumstances surrounding your departure. If you were laid off, pushed out after raising concerns, or terminated following discrimination, harassment, protected leave, or another workplace issue, those facts may also affect your negotiating position. Samson can identify potential leverage and negotiate for better terms for you.

How Samson Can Help With
Severance Agreements

Samson doesn’t read the severance agreement in isolation. He looks at what happened before it landed in your inbox: why your employment ended, whether you experienced discrimination, what compensation you’re owed, and whether legal claims or other circumstances may give you leverage to negotiate.

Samson can explain the agreement in plain language, identify provisions that deserve closer attention, and help you weigh the offer against other options. When there’s room to negotiate, he can communicate with your employer or its attorneys and seek improved compensation or other terms that matter to you. Spiegelman Law offers severance review, advice, and negotiation services to help you get focused help before deciding whether to sign.

Hire Samson to Be Your Gay Lawyer!

A severance agreement is written to protect your employer’s interests. Before you sign away potential claims, make sure someone is looking out for you. Samson is a transgender man and queer employment attorney whose perspective is informed by years of LGBTQ+ community work and academic training in queer theory and Critical Race Studies. He brings that same worker-centered perspective to reviewing and negotiating severance agreements for employees throughout California.

Spiegelman Law offers severance review and negotiation on an hourly basis. If reviewing your departure also reveals potential discrimination, harassment, retaliation, or other employment claims, Samson can explain your options. Qualifying cases may be handled on a contingency basis. Before you sign what HR sent you, contact Samson for a case review.

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