Severance Agreement Review & Negotiation in Virginia
If you’ve been offered a severance agreement by your employer, you may feel pressured to sign it quickly—especially if you’ve just lost your job. But before you do, it’s critical to understand what the agreement says and how it could affect your legal rights and financial future.
At The Mundaca Law Firm, we help employees in Virginia evaluate, negotiate, and improve severance packages. Our goal is to protect your interests and make sure you’re not giving up more than you’re receiving.
What Is a Severance Agreement?
A severance agreement is a contract between you and your employer that typically offers some form of compensation—such as a lump-sum payment, extended benefits, or job transition assistance—in exchange for certain promises on your part.
Most severance agreements require employees to:
- Release legal claims against the employer (including claims for discrimination, retaliation, or wrongful termination)
- Agree to confidentiality or non-disparagement clauses
- Accept restrictions like non-compete or non-solicitation provisions
These terms can have serious consequences. Once you sign, you may lose the ability to sue your employer or pursue future opportunities.
Why You Should Have an Attorney Review Your Severance Agreement
Employers often present severance agreements as “standard” or “non-negotiable,” but that’s not always the case. With legal counsel, you can ensure the agreement is fair—and, in many cases, negotiate better terms.
A skilled employment attorney can help you:
- Evaluate the value of the severance package
- Determine what legal rights you are waiving
- Spot overly broad or unfair clauses
- Negotiate for additional compensation or revised terms
- Understand your options if you’ve already been wronged
Even if you’re not planning to sue, you may be waiving valuable claims. Don’t give up your leverage without fully understanding what’s at stake.
Key Clauses to Watch For in Severance Agreements
When reviewing a severance agreement, several common provisions deserve close attention:
Waiver of Legal Claims
This is often the centerpiece of a severance agreement. You may be asked to release claims under:
- Title VII (discrimination/harassment)
- ADA (disability rights)
- ADEA (age discrimination)
- FMLA (leave rights)
- State employment laws
Some waivers are enforceable only if specific legal conditions are met, particularly in cases involving workers over 40 years old.
Non-Compete and Non-Solicitation Clauses
These terms may restrict your ability to work in your field or contact former clients. Virginia law recently limited non-compete agreements for certain lower-wage workers, but restrictions can still be enforceable depending on your role and industry.
Confidentiality and Non-Disparagement
These clauses may prevent you from discussing the terms of your severance or from saying anything negative about your employer—sometimes indefinitely.
Return of Property and Cooperation Clauses
These can require you to return all company materials and even make yourself available for future legal matters.
Is the Severance Package Fair?
Whether a severance offer is “fair” depends on many factors, including:
- Your position and length of service
- The circumstances of your termination
- Whether you have potential legal claims
- Company policies or past severance practices
- Market standards in your industry
An experienced employment attorney can help you assess whether the offer reflects your true value—or if you’re being shortchanged.
How The Mundaca Law Firm Can Help
We represent employees at all levels, from hourly workers to executives, and tailor our approach based on your individual circumstances.
Our Severance Agreement Services Include:
- Careful legal review and plain-language explanation of all contract terms
- Strategic advice on whether to sign, negotiate, or decline the agreement
- Direct negotiation with employers when appropriate
- Identification of potential legal claims you may be waiving
- Representation in severance-related disputes if needed
Whether you’ve just been handed a severance agreement or are facing pressure to sign quickly, we can step in and protect your rights.
Short Deadlines May Apply—Act Quickly
Many severance agreements include short response deadlines—sometimes just a few days. In age-related layoffs, federal law requires employers to give certain workers 21 to 45 days to consider a severance offer, but that doesn’t always apply.
If you’ve been given a deadline, contact us immediately so we can review and respond before time runs out.
Contact The Mundaca Law Firm for a Confidential Consultation
Before you sign a severance agreement, make sure you understand everything you’re agreeing to—and giving up. Our employment law team helps Virginia workers make informed decisions and pursue better outcomes.
- Phone: (202) 474-8500
- Website: www.mundacalaw.com
- Offices: Washington, D.C. and Annapolis, MD
- Serving: Employees across Virginia and the D.C. Metro Area
Protect your future. Let us help you review, negotiate, and secure the severance you deserve.