Recent Answers to Severance Agreement Law Questions

Gary S.

Answered Jul 11, 2025

Hello. Thank you for the opportunity to respond to this question. In general, NO, once a severance agreement has been signed by both the employer and the employee, the agreement cannot be modified. However, if the employer hasn't yet signed the agreement, and only the employee has signed the agreement, the employer may suggest modified terms as part of the negotiation. Also, if the agreement has been executed by both parties and the agreement contains a revocation period, the employee (or possibly the employer) may still be able to revoke the agreement within a certain number of days. The agreement would have to be reviewed to see if it has a revocation clause. Bottom line, if both parties have signed a validly executed severance agreement, the employer cannot unilaterally modify the terms of the agreement, unless the agreement states otherwise. * This response is for general information purposes only and does not constitute legal advice or create an attorney-client relationship. For advice specific to your situation, please consult a qualified attorney.

Merry K.

Answered Dec 27, 2024

My answer depends on many factors. First, if you are an "at will" employee (no employment contract), the employer can fire you for zero reason and with zero notice, and you have no rights unless you can prove that the employer is violating state or federal law (such as firing you for illegal discriminatory reasons, for submitting a safety complaint, or something similar). If you do have an employment contract, or possibly if you are 40 or older, you have the right to be given 21 days to review a severance proposal. I suggest that you submit a proposal here on Contracts Counsel, with a short turnaround, and ask an employment attorney to review the proposal and your employment situation with you. I generally engage in this sort of review myself, but, unfortunately, am not available until the end of January. Another option is to find an attorney through this national employee's attorney organization: NELA.org In either case, prepare yourself to pay $300 - $500 for a thorough review and discussion. Good luck to you.

Arthur S.

Answered Jul 23, 2024

Severance Agreements are often presented to employees as a "take it or leave it proposition": however, it has been my experience that many of the underlying provisions of these severance agreements are, in fact, negotiable. Also, as an employee, you are not without rights...a fact that is often, though reluctantly, recognized by employers. the agreements prepared on behalf of employers are often heavy handed and should not be entered into by the employee without advice of coounsel./

Shelia H.

Answered Aug 26, 2023

In most cases, a severance agreement will have a confidentiality provision included. However, even if there is a confidentiality agreement, there are some instances where that confidentiality may be broken. For instance, in the case of a court order requesting the release of information or a government agency, such as the IRS or the state taxing or unemployment office, an employer may have to release information. There are also laws that prohibit the release of certain private information. In your case, it sounds as if your employer didn't include a confidentiality provision in the severance agreement, and for contracts, the general rule is that if a provision isn't included in the contract, it's not included in the contract. That being said, you may want to contact the employer and ask what the employer's policy is regarding the release of information to potential employers that you may be seeking to work with. There are also two laws that you may want to consider speaking to a NC-licensed attorney about. They are the following: 1.§ 1-539.12. Immunity from civil liability for employers disclosing information. "(a) An employer who discloses information about a current or former employee's job history or job performance to a prospective employer of the current or former employee upon request of the prospective employer or upon request of the current or former employee is immune from civil liability and is not liable in civil damages for the disclosure or any consequences of the disclosure." 2. § 14-355. Blacklisting employees. "If any person, agent, company or corporation, after having discharged any employee from his or its service, shall prevent or attempt to prevent, by word or writing of any kind, such discharged employee from obtaining employment with any other person, company or corporation, such person, agent or corporation shall be guilty of a Class 3 misdemeanor and shall be punished by a fine not exceeding five hundred dollars ($500.00); and such person, agent, company or corporation shall be liable in penal damages to such discharged person, to be recovered by civil action. " You can find more detailed information here: Source - https://www.labor.nc.gov/workplace-rights/employee-rights-regarding-time-worked-and-wages-earned/job-reference-and-0 You can also learn more about me here: www.sheliahugginslaw.com www.facebook.com/sheliahugginslaw www.instagram.com/mslegalista www.youtube.com/mslegalista

Mark D.

Answered Aug 4, 2023

I am happy to review and discuss the severance agreement with you. On average, the cost associated with a review can be anywhere from $525+ depending on the complexity of the issue.

Christina M.

Answered Jul 27, 2023

In 1999 the California Legislature enacted the Uniform Electronic Transactions Act (the “UETA”), Civ. Code, §§ 1633.1 et seq., which provides that when a law requires a record to be in writing or requires a signature, an electronic record or signature satisfies the law. The law requires that any contract entered into between two parties may not be denied legal enforceability simply because of the use of an electronic signature. This has also be upheld in the employment law setting in some case law.