Severance Agreements and Wrongful Termination in Maryland: Should You Sign Before Talking to a Lawyer?

A severance offer almost always arrives at the worst possible moment, right after a firing, when money feels urgent and the paperwork looks like a lifeline. Many people sign on the spot. Before you do, it is worth understanding what you may be giving up, because the wrongful termination lawyers in Maryland who review these documents regularly see employees waive valuable claims for a fraction of what those claims were worth. A severance agreement is a contract, and the central thing you are usually trading away is your right to sue. If your firing was illegal, that right can be the most valuable thing you own at that moment.

What a Severance Agreement Actually Asks You to Give Up

Severance is not a gift, and it is rarely required by law in Maryland. Employers offer it in exchange for something, and that something is almost always a release of claims. Buried in the document is language stating that by accepting the payment, you agree not to pursue any legal action arising from your employment or termination. That waiver typically covers discrimination, retaliation, wrongful discharge, and wage disputes all at once.

The problem is timing. You are asked to sign away those rights before you have had any chance to evaluate whether your termination broke the law. An employer who suspects the firing was legally risky has every incentive to get a release signed quickly and quietly, often by framing the offer as time-sensitive or non-negotiable. Neither characterization is necessarily true.

When Signing Quickly Can Cost You

Consider an employee terminated weeks after reporting harassment, then handed a severance check and a release to sign by Friday. The retaliation claim could be worth far more than the few weeks of pay being offered, but once the release is signed, that claim is generally gone. The same pattern shows up with workers fired shortly after requesting medical leave, disclosing a pregnancy, or filing a workers’ compensation claim.

Severance becomes a real concern precisely when the circumstances of the firing look questionable. If anything about your termination fits the profile of wrongful termination, an employer’s eagerness to settle through a release should raise a question rather than provide reassurance.

Federal Protections That Buy You Time

The law builds in some breathing room, though not for everyone. Under the Older Workers Benefit Protection Act, employees age 40 and over who are asked to waive age discrimination claims must be given at least 21 days to consider the agreement, and 7 days after signing to revoke it. In a group layoff, that consideration period extends to 45 days. These protections exist for a reason, and an employer who tells a worker over 40 that the offer expires tomorrow is not following the rules.

Younger employees and those waiving non-age claims do not automatically get those windows, but you can almost always ask for more time. An offer presented as expiring immediately is a negotiating tactic far more often than a genuine deadline.

What to Look at Before You Sign

A few provisions deserve close attention because they shape your rights long after the severance money is spent:

• The release language and exactly which claims it covers.
• Whether the amount reflects only your time on the job or accounts for the possibility that the firing was unlawful.
• Non-compete, non-solicitation, and confidentiality clauses that could limit your next job.
• Non-disparagement terms and how broadly they are written.
• Any requirement that you waive unemployment benefits or already-earned wages.

An attorney can often identify within a single review whether the offer is fair, whether your firing supports a claim, and whether the agreement can be negotiated upward. Severance is frequently more flexible than it appears, particularly when the employer would rather avoid litigation.

Signing Does Not Always Have to Be the End of the Conversation

A signed release is difficult to undo, but not always impossible. Agreements signed under coercion, based on misrepresentation, or in violation of the consideration and revocation periods may be challengeable. The age-related revocation window also gives some workers a short second chance after signing. These are narrow openings, though, and they are no substitute for getting the document reviewed before your signature is on it.

Talk to Wrongful Termination Lawyers in Maryland Before You Decide

Should you sign a severance agreement before talking to a lawyer in Maryland? Not if there is any reason to think your firing was unlawful, because the release you sign today can close the door on a claim worth far more tomorrow. Severance can be a fair and welcome resolution, but only when you know what you are accepting and what you are surrendering. The team at The Mundaca Law Firm reviews severance offers, explains the terms in plain language, evaluates whether your termination gives rise to a claim, and helps you negotiate from a position of strength. Before you sign anything, reach out to our experienced wrongful termination lawyers in Maryland for a confidential consultation.