Home Blog Top Concerns Employees Have About Severance Agreements

Top Concerns Employees Have About Severance Agreements

This page explains the top concerns employees have about severance agreements, including pay amounts, and how a lawyer from ContractsCounsel can help you navigate them.

Jump to Section

Quick Facts — Severance Agreement Lawyers

Many employees have the same concerns when given a severance agreement to review and sign after being let go. Understanding these concerns early can help a terminated employee understand the implications of the severance package being offered and help the parties make good decisions when coming to an agreement.

This article outlines the top concerns employees have about severance agreements, based on real project data on ContractsCounsel, when connecting with an experienced employment lawyer to review and negotiate their severance.

Note: this analysis is based on anonymized data from thousands of severance agreement reviews posted on ContractsCounsel.

Concern Why It Matters How Lawyers Help
Payment & Duration Employees want fair pay and length of severance. Lawyers compare terms and negotiate better payouts.
Release of Claims Broad waivers can remove key rights. Lawyers narrow language and protect employee rights.
Non-compete & Confidentiality Restrictions can limit future work or speech. Lawyers ensure terms are fair and enforceable.
Waiver of Benefits Some deals ask workers to give up legal benefits. Lawyers flag and remove unlawful waivers.
Timing & Bonuses Unclear timing or bonus terms cause confusion. Lawyers confirm when and how pay and equity are handled.
One-sided Language Dense terms can hide unfair provisions. Lawyers simplify and negotiate balanced terms.

Payment Amounts and Severance Duration

Concern 1: The top concern among employees is related to the payment amount and how long the severance payments will last. Employees want to make sure the offered amount is fair for their tenure, position, and circumstances around their termination.

How lawyers help: An employment lawyer will compare the financial terms to industry standards and confirm whether the benefits offered match the contractual or legal rights. They can also help negotiate higher pay or longer duration, if possible.

Release of Claims Clauses

Concern 2: The release of claims clause requires the employee to waive any legal claims against their employer. Employees have concerns about how broad these waivers are, especially if their termination was contentious.

How lawyers help: Lawyers will review the language in the release clause to make sure it isn’t overly broad. They will also explain what rights the employee is waiving and can adjust language to create carveouts, where needed.

Non-compete, Confidentiality, and Non-disparagement Clauses

Concern 3: Employees often show concerns about any restrictions that may be in place after leaving the company. Non-competes can limit future employment. Confidentiality clauses may restrict their professional use of knowledge they gained during employment. Non-disparagement clauses can impact their ability to make statements about their previous employer. All of these terms have implications, so making sure they are fair is important.

How lawyers help: An employment attorney will review the language related to any post-work restrictions to make sure they aren’t overly broad and in line with industry standards. They will also make sure they are legal.

Waiver of Benefits and Ongoing Claims

Concern 4: Some severance packages attempt to make employees waive their rights to unemployment benefits, worker’s comp claims, and other rights. Employees are often concerned about these terms since they may be signing away protections.

How lawyers help: Lawyers will flag any clauses attempting to waive these rights. They will also explain the risks and help negotiate the removal of these provisions.

Timing of Payments and Inclusion of Bonuses or Stock

Concern 5: Employees are often concerned whether they will receive a lump sum or be paid in installments. If employees were on variable compensation plans (i.e., bonuses, commissions) or had equity (i.e., stock options ), they also are concerned what happens to those when terminated.

How lawyers help: Lawyers can review and confirm the timing of payments, as well as what happens to any accrued bonuses or commissions. If stock options or equity are involved, they can confirm what happens to them. Lawyers can also help negotiate to secure amounts that may be owed legally to the employee.

Complex or One-Sided Language

Concern 6: Severance agreements are often full of heavy legal language. A common concern employees have is that they may not fully understand the agreement and worry that it is one-sided in favor of the employer.

How lawyers help: Employment attorneys can explain the agreement in simple language and make sure any provisions that are extremely one-sided are negotiated to be made more fair.

Key Takeaways

  • Employees are most concerned about the amount of severance pay, how long they will last, and their continuation of benefits.
  • Employees often show concern about clauses that may restrict their rights to future employment or their ability to file claims against their employer.
  • Waivers of unemployment or ongoing claims should be carefully reviewed.
  • A lawyer ensures payments are fair, language is balanced, and enforceability is clear before signing.

Need help with your severance agreement?

If you need help with your severance agreement, post a project on ContractsCounsel to get quotes from lawyers for contract review. All lawyers are vetted by our team and work on similar projects daily.


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 24,421 reviews

Meet some of our Lawyers

Albert M. on ContractsCounsel
View Albert
5.0 (7)
Member Since:
February 8, 2021

Albert M.

Attorney
Free Consultation
Woodbury, NJ
23 Yrs Experience
Licensed in NJ
Rutgers School of Law - Camden

I am a New Jersey licensed attorney and I have been in practice for over nineteen years. My practice mainly consists of representing public entities (municipalities, school boards, etc) and businesses, both small and large. In that capacity, much of work consists of drafting, reviewing and revising contracts.

Recent  ContractsCounsel Client  Review:
5.0

"Albert was accommodating and attentive to the project. Great rate."

Pura R. on ContractsCounsel
View Pura
5.0 (51)
Member Since:
July 22, 2020

Pura R.

Healthcare Law and Employment Expert
Free Consultation
Miami, FL
16 Yrs Experience
Licensed in FL
Nova Southeastern University

Pura Rodriguez, JD, MBA is the President and Managing Partner of A Physician’s Firm, based in Miami. She represents healthcare providers from different specialties in a broad range of issues, including contract review, business planning and transactions, mergers and acquisitions, vendor and contract disputes, risk management, fraud and abuse compliance (Anti-Kickback Statute and Stark), HIPAA compliance, medical staff credentialing, employment law, and federal and state regulations. She also assists providers in planning their estates, protecting their assets, and work visa requirements.

Recent  ContractsCounsel Client  Review:
5.0

"It was a pleasure to work with Pura. She put me at ease the minute we spoke concerning my situation. Very knowledgeable and responsive. Thanks so much Pura!!"

Ramanathan C. on ContractsCounsel
View Ramanathan
4.8 (81)
Member Since:
January 20, 2022

Ramanathan C.

Attorney
Free Consultation
New York
8 Yrs Experience
Licensed in NY
London School of Economics and Political Science

Triple Qualified New York Attorney, Australian Lawyer & Enrolled NZ Barrister & Solicitor

Recent  ContractsCounsel Client  Review:
5.0

"Rama was timely and responsive to all my needs & questions. From day one, he presented a tailored proposal for my project that felt personalized and thoughtful. He is pleasant to work with and professional with his legal advice. I'd be happy to work with him again."

Philips V. on ContractsCounsel
View Philips
4.8 (15)
Member Since:
August 4, 2026

Philips V.

Attorney
Free Consultation
Dallas, Texas
12 Yrs Experience
Licensed in MI, TX
Wayne State University Law School

General Counsel for Construction and Related Legal Services - Although Phil specializes in construction-related law, Phil’s law practice areas include commercial, construction, contract, criminal, employment, ERISA, energy, environmental, OSHA, government, immigration, insurance, labor (EEOC, FLSA, FMLA, COBRA, etc.), personal injury, product liability, real estate, surety, utilities, and workers’ compensation, amongst others.

Recent  ContractsCounsel Client  Review:
5.0

"I am very pleased with my legal documents Phillip assisted me with for my new webinar training start up for nurses. He was very thorough, knowledgeable, and responsive. He answered all my questions and concerns, completed my project before time for a very reasonable price. I was so pleased I asked Phillip to be my business legal resource for all things legal as I grow. It was a pleasure working with him."

Zachariah C. on ContractsCounsel
View Zachariah
4.9 (26)
Member Since:
July 28, 2025

Zachariah C.

Business Lawyer
Free Consultation
Colorado Springs, CO
5 Yrs Experience
Licensed in CO
Liberty University School of Law

Colorado Springs attorney and entrepreneur dedicated to democratizing access to high quality legal solutions through the transformative power of Artificial Intelligence.

Recent  ContractsCounsel Client  Review:
5.0

"Great service. Did exactly what he said he would do. I am very satisfied. Straight and to the point service."

Rene H. on ContractsCounsel
View Rene
5.0 (25)
Member Since:
February 6, 2023

Rene H.

Attorney
Free Consultation
San Diego, CA
15 Yrs Experience
Licensed in CA
Northwestern University

I am an attorney licensed in both California and Mexico. I offer a unique blend of 14 years of legal expertise that bridges the gap between diverse legal landscapes. My background is enriched by significant roles as in-house counsel for global powerhouses such as Anheuser-Busch, Campari Group, and Grupo Lala, alongside contributions to Tier 1 law firms. I specialize in navigating the complexities of two pivotal areas: AI/Tech Innovation: With a profound grasp of both cutting-edge transformer models and foundational machine learning technologies, I am your go-to advisor for integrating these advancements into your business. Whether it's B2B or B2C applications, I ensure that your company harnesses the power of AI in a manner that's not only enterprise-friendly but also fully compliant with regulatory standards. Cross-Border Excellence: My expertise extends beyond borders, with over a decade of experience facilitating cross-border operations for companies in more than 20 countries. I am particularly adept at enhancing US-Mexico operations, ensuring seamless and efficient business transactions across these territories.

Recent  ContractsCounsel Client  Review:
5.0

"Rene gets the job done in an effective and efficient manner. Rene understood the goals of the project I hired him for; delivered and reached those goals with his knowledge and experience; as well as consistently following up on time, and is pleasant to work with."

Joseph M. on ContractsCounsel
View Joseph
Member Since:
February 4, 2023

Joseph M.

ATTORNEY
Free Consultation
Pasadena, California
26 Yrs Experience
Licensed in CA
WESTERN STATE UNIVERSITY COLLEGE OF LAW, FULLERTON, CA

ADMITTED TO PRACTICE LAW IN CALIFORNIA SINCE 1999. EXPERIENCED & RELIABLE, LITIGATION, LEGAL COUNSELING AND REPRESENTATION

Find the best lawyer for your project

Browse Lawyers Now

See Real Severance Agreement Projects

Tennessee Review repurchase agreement of former employer's stock Review
  • Tennessee
  • 3 lawyer bids
  • $600 - $1,000
View Details
California Google Severance Agreement Review Drafting
  • California
  • 2 lawyer bids
  • $400 - $500
View Details
Massachusetts Severance Agreement Review Review
  • Massachusetts
  • 3 lawyer bids
  • $350 - $465
View Details
North Carolina Severance Agreement Review Review
  • North Carolina
  • 2 lawyer bids
  • $249 - $400
View Details
Arizona Severance Agreement Review Review
  • Arizona
  • 8 lawyer bids
  • $400 - $750
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 24,421 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Employment 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 24,421 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