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Our services
Process
Our legal team employs a rigorous, multi-phase methodology for severance matters. It begins with an expedited document review, where we analyze your proposed severance agreement against relevant state and federal laws, including the Older Workers Benefit Protection Act (OWBPA), which mandates specific disclosure periods for group terminations. We then develop a strategic negotiation position, often securing enhanced packages for our clients—data from our case history shows successful negotiation improves initial offers by an average of 35-60%. The process culminates in precise legal drafting or, if necessary, preparation for litigation or arbitration to enforce your rights.
Local Considerations — USA
Severance law and its application vary significantly across the United States, influenced by state-specific regulations and local judicial precedents. Key financial and tech hubs like New York and California often see complex packages involving equity, non-competes, and multi-year compensation, demanding highly specialized review. In contrast, cases in other regions may focus more squarely on wage and benefit continuation. Our national practice is structured to navigate this patchwork, with attorneys proficient in the employment laws of all 50 states, ensuring tailored advocacy whether your case is in a major metropolitan center or another jurisdiction.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Case Review Timeline | 24-48 hours |
| Common Negotiation Period | 3-10 business days |
| OWBPA Minimum Consideration Period (Group Termination) | 45 days |
| Primary Legal Venues | State Courts, Federal Courts, Arbitration |
Standards & Compliance
- Federal Older Workers Benefit Protection Act (OWBPA)
- State-Specific Wage Payment Laws
- Employee Retirement Income Security Act (ERISA) for benefits
- Relevant State Common Law on Contract and Good Faith
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Our team reviews your project and issues an initial report at no cost.
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Frequently Asked Questions
What is typically included in a severance package review?
Our review meticulously examines all components: monetary compensation (lump sum, salary continuation), benefits continuation (health insurance, COBRA subsidies), equity vesting acceleration, non-compete and non-disparagement clauses, release of claims language, and any post-employment obligations to identify unfavorable terms and legal risks.
How long do I have to decide on a severance offer?
Deadlines are critical. For individual terminations, employers may set a deadline, often 21 days or more. For group layoffs under the OWBPA, you must be given at least 45 days to consider the offer. We advise on these timelines immediately.
Can I negotiate my severance after signing the agreement?
No. Once a severance agreement is signed, it is a final, binding contract. All negotiation must occur prior to signing. This underscores the necessity of having an attorney review the terms before you agree to anything.
How much does a Severance Lawyer cost in the USA?
Legal fees for severance matters vary based on case complexity, whether negotiation or litigation is required, and jurisdiction. Many cases are handled on a flat-fee basis for package review and negotiation, while litigation may involve hourly billing. We provide clear fee structures during an initial consultation after reviewing your specific documents and objectives.