Home Blog Severance Agreement Drafting: Key Terms, Tips, Lawyer Help

Jump to Section

Quick Facts — Severance Agreement Lawyers

What is Severance Agreement Drafting?

A severance agreement is a legal contract signed by an employer and employee. It specifies how employees will be compensated when they leave the company.

This agreement should be clear and fair to both parties to smooth the transition of an employee leaving the company. It also prevents disputes that can lead to costly litigation.

Here’s what to know about severance agreements, key terms they include, and how a lawyer can help you draft them for clarity.

What Key Terms are in a Severance Agreement?

A severance agreement usually contains the following key aspects and terms:

  • Termination reason. This mentions the reason for the termination and how long parties have to accept the agreement.
  • Payment. The agreement should include how much severance pay the employee will receive, which is usually a percentage of their salary. Payment methods, such as if the pay will be made in a large lump sum, must be specified.
  • Health insurance and benefits. The agreement must specify if the employer will continue to offer health insurance or other benefits and for how long after contract termination.
  • Liability release. This clause mentions that the employee won’t make claims against the company after signing the severance agreement.
  • Confidentiality. This is important to include to protect the company’s sensitive information, such as trade secrets.
  • Non-compete clause. It’s common for a non-compete to state that the employee won’t work for a competing company for a specified duration of time.
  • Non-disparagement. This states that the employee can’t say anything negative or harmful about the company.
  • Dispute resolution. To effectively resolve disputes between parties, you should explain what dispute-resolution method will be used. This can include mediation, arbitration, or litigation.

What are Severance Agreement Drafting Tips?

When drafting a severance agreement, there are special considerations to keep the contract legally sound to protect both parties.

Customize the Agreement

Avoid using a generic agreement template. The severance agreement should be tailored to the specific employee and their specific situation. Consider how long they’ve worked for the company and the position they held. This will help you calculate fair payment terms.

Make it Simple

One of the most important contract-drafting tips is to keep it as simple as possible. Use easy-to-understand language and avoid legal jargon or vague wording that can create confusion.

Keep it Legally Compliant

There are state and federal regulations governing severance agreements. You must be mindful of these so that you don’t violate any rules that can cost you legally or financially.

Working with a qualified lawyer experienced in severance contracts can help you to draft a legally-valid and enforceable agreement.

Consider Stock Options

If an employee was offered stock options by their employer, they are entitled to get them when they leave the company. In some cases, employers might offer cash in return for stock options.

Include an Acceptance Deadline

A severance agreement should include enough time for the employee to review and accept its terms. This timeframe can vary, depending on factors such as the employee’s age and state law.

State Employee Obligations

Your severance agreement should mention any ongoing obligations the employee has after the contract comes to an end, such as returning property belonging to the company. This provides clarity and avoids any unfinished business.

How Does a Lawyer Help You with Severance Agreement Drafting?

Hiring a lawyer to help you draft a severance agreement is advisable. It will ensure that the contract is legally valid and transparent. Not only can a lawyer help an employer to draft a professional agreement, but they can also assist employees with a contract review.

Here are some tasks a lawyer will complete.

  • They’ll ensure that the agreement protects parties’ legal rights and financial interests.
  • They’ll write the agreement so that it’s clear and simple for all parties to understand.
  • They’ll gather relevant documents, such as employment contracts and company policies, to ensure that the severance agreement is aligned with them.
  • They’ll follow all the correct legal procedures during the termination process.
  • They’ll consider state laws when drafting a severance agreement, which is especially important because laws vary quite a bit.
  • They’ll consider the tax implications of the severance package and clarify how different compensation types are treated under tax law.
  • They’ll ensure that employer promises are reflected in the agreement.
  • For employees, a lawyer will assess what you should receive in your severance package, based on your services to the company.
  • They’ll assess if terms are fair and can negotiate them on your behalf.

Where to Find a Lawyer for Severance Agreement Drafting

If you need to find and hire a lawyer to draft your severance agreement, you can easily connect with one on an online legal platform.

ContractsCounsel is an online legal marketplace that gives you access to a range of vetted lawyers who have contract-drafting experience.

Asking a lawyer on ContractsCounsel to draft your severance agreement is an easy process you can do from the comfort of your home. Here’s how.

1. Go to the ContractsCounsel marketplace, where you can post your project for free.

2. Include details of what you require so you can connect with the best lawyer.

3. You’ll receive multiple bids from lawyers directly on the platform who can assist you.

4. Once you receive the lawyer bids, you should review the lawyers' profiles. There’s lots of info on the platform to help you choose the best lawyer for your legal requirements, such as their location, client ratings, years of experience, and field of expertise.

5. Connect with a lawyer and hire them to draft your severance agreement.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Severance Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,388 reviews

Meet some of our Lawyers

Alan B. on ContractsCounsel
View Alan
5.0 (3)
Member Since:
November 25, 2023

Alan B.

Business Attorney
Free Consultation
Tulsa, OK
12 Yrs Experience
Licensed in AR, MO, MS, OK
University of Tulsa College of Law

At Barker Law, we provide clients with superior service in trust, probate, and estate matters and litigation, contract drafting and review, outside general counsel services, negotiation, commercial litigation, and regulatory navigation. We confidently handle transactional and regulatory matters for businesses and individuals. As our feedback shows, we excel at meeting and exceeding our clients needs.

Justin K. on ContractsCounsel
View Justin
4.9 (42)
Member Since:
September 22, 2022

Justin K.

Freelance Attorney
Free Consultation
Valencia, CA
23 Yrs Experience
Licensed in CA
University of Southern California School of Law

I have been practicing law exclusively in the areas of business and real estate transactions since joining the profession in 2003. I began my career in the Corporate/Finance department of Sidley's Los Angeles office. I am presently a solo practitioner/freelancer, and service both business- and attorney-clients in those roles.

Recent  ContractsCounsel Client  Review:
5.0

"Justin was great to work with, we hope to work with him again in future."

Ted A. on ContractsCounsel
View Ted
4.9 (23)
Member Since:
August 10, 2023

Ted A.

Managing Attorney
Free Consultation
New York, New York
27 Yrs Experience
Licensed in NY
Yale Law School

Equity Investments, Agreements & Transactions | Securities & Lending | Corporate Governance | Complex Commercial Contracts | Outside General Counsel & Compliance

Recent  ContractsCounsel Client  Review:
5.0

"Ted was extremely responsive, knowledgeable, easy to work with and was able help me the same day. I would confidently recommend him in the future."

Jeff G. on ContractsCounsel
View Jeff
5.0 (19)
Member Since:
October 30, 2024

Jeff G.

Business Lawyer
Free Consultation
Raleigh, North Carolina
3 Yrs Experience
Licensed in IN, NC
Valparaiso University School of Law

Jeff has 25 years of commercial transactional experience within numerous industries, including finance/banking, telecommunications/utilities, insurance, and software. He is a recognized authority on contracts, software licensing and negotiation. Jeff earned his Juris Doctorate from Valparaiso University School of Law and his Masters in Business Administration from North Carolina State University and is licensed to practice law in North Carolina and Indiana.

Recent  ContractsCounsel Client  Review:
5.0

"Jeff was very knowledgeable about NC real estate and business law and provided me with the advice necessary for my specific case."

Nancy S. on ContractsCounsel
View Nancy
5.0 (2)
Member Since:
May 21, 2023

Nancy S.

Attorney
Free Consultation
Houston, Texas
44 Yrs Experience
Licensed in TX
University of Houston

Seasoned corporate, business and real estate attorney with 30 years experience managing private practice groups and in-house legal functions for publicly traded, privately held, and family companies.

Recent  ContractsCounsel Client  Review:
5.0

"I had the pleasure of working with Nancy on a commercial lease for our Business, and I couldn’t be more satisfied with the experience. From our initial consultation to the final signing, her professionalism, deep knowledge of real estate law, and attention to detail were outstanding. What impressed me most was the clear and consistent communication. She took the time to walk me through all clause of the lease on which we had concerns, answered all my questions promptly, and made sure I fully understood my rights and obligations and also suggested modification which would help me as a Tenant. Her expertise helped negotiate favorable terms and avoid potential pitfalls I wouldn’t have caught on my own. If you're looking for a real estate attorney who combines strong legal skills with excellent client service, I highly recommend Nancy. She made a potentially stressful process feel smooth and secure."

Valerie L. on ContractsCounsel
View Valerie
5.0 (48)
Member Since:
September 21, 2022

Valerie L.

Attorney
Free Consultation
Vacaville, CA
5 Yrs Experience
Licensed in CA

Valerie is a passionate attorney specializing in Employment Law, Family Law, Personal Injury, and Business. With a strong foundation in the legal field, she is committed to helping individuals navigate the intricacies of their legal agreements. Valerie prioritizes open communication, ensuring her clients feel seen, understood, and confident as they make important decisions for their future. She is committed to empowering clients to become the best version of themselves while addressing their unique needs throughout the process.

Recent  ContractsCounsel Client  Review:
5.0

"I had an excellent experience working with Valerie on my prenup. She was knowledgeable and thorough. She took time to answer my questions and explain items in detail. I felt completely supported throughout the entire process. Thank you for your professionalism and for making an otherwise stressful task feel more manageable. Highly recommend!"

Sarah S. on ContractsCounsel
View Sarah
Member Since:
September 22, 2022

Sarah S.

Attorney
Free Consultation
Oklahoma
6 Yrs Experience
Licensed in OK
University of Tulsa College of Law

I have a background in Criminal Law, Family Law, Contract Law, and Environmental Law. I also have five (5) degrees in the following: Here are my degrees and background: 1) B.S. in Environmental, Soil, and Water Sciences 2) A.S. in Pre-Medical Sciences (anatomy, physiology, medical terminology) 3) A.S. in Aircraft Non-Destructive Inspection (science of x-rays, cracks in metal, liquid penetrant, magnetic particle inspections, ultrasonic inspections, and spectrophotometric oil analysis) 4) Master's in Natural Resources Law Studies (1 year focus in the environmental and pollution laws (Hazardous Waste Laws such as RCRA, CERCLA, FIFRA, Natural Resource laws such as ESA, CWA, CAA, FWPCA, Environmental Law, Sustainable Development, and Global Climate Change issues) 5) Juris Doctor and certificate in Native American Law

Find the best lawyer for your project

Browse Lawyers Now

See Real Severance Agreement Projects

California Google Severance Agreement Review Drafting
  • California
  • 2 lawyer bids
  • $400 - $500
View Details
Illinois Review a severance agreement that needs to be signed by 7/28/23 Review
  • Illinois
  • 7 lawyer bids
  • $400 - $600
View Details
California Company Restructured - Need Severance Agreement Review Review
  • California
  • 6 lawyer bids
  • $325 - $899
View Details
Illinois Review Severance Agreement Review
  • Illinois
  • 3 lawyer bids
  • $249 - $799
View Details
Illinois Review Severance Agreement Review
  • Illinois
  • 2 lawyer bids
  • $240 - $499
View Details
Illinois Review Severance Agreement and make recommendations for changes Review
  • Illinois
  • 6 lawyer bids
  • $350 - $1,000
View Details

See all Severance Agreement projects

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Severance Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,388 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Employment Lawyers
SEVERANCE AGREEMENT DRAFTING LAWYERS BY CITY
See All Severance Agreement Drafting Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Severance Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,388 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city