Evaluating Your Leverage in a Separation
When an employer offers severance, they are usually buying your silence and your right to sue for wrongful termination. Before you sign, you need to know what you are giving up. Is the offer fair? Does it reflect the real circumstances of your departure? Does it account for your future career impact?
At Fortis, we provide an objective, lawyer-led review of your agreement. We don’t just read the fine print; we look at the underlying facts of your termination to see if you have the leverage to negotiate a better deal.
Under the federal Older Workers Benefit Protection Act (OWBPA), employees over the age of 40 must be given at least 21 days to consider a severance offer (or 45 days in group layoffs) and a 7-day period to revoke the agreement after signing. In Maryland, a severance agreement cannot be used to waive future legal rights or the right to cooperate with government investigations.
Furthermore, Maryland wage laws require that all earned wages, including certain commissions and bonuses, be paid regardless of whether an employee signs a separation waiver. We evaluate these contracts to ensure they meet federal disclosure requirements and do not contain overbroad, illegal clauses that unfairly restrict a professional's future.
Our Severance Agreement Attorneys
Attorney
Nathan Holliman
Nathan Holliman is an attorney at Fortis Employment Law specializing in high-stakes employment disputes. A Peggy Browning Fellow with an elite background in Alternative Dispute Resolution (ADR), Nathan leverages sophisticated negotiation strategies to secure leverage and results for recently terminated Maryland professionals.
FAQs
How long do I have to decide whether to sign?
If you are over 40, federal law (OWBPA) usually requires that you be given at least 21 days to consider the offer. Regardless of your age, you should never be pressured into signing on the spot without a legal review.
Can a severance offer be negotiated?
Yes, but only if you have leverage. We use the evidence of a potential illegal firing or discrimination to show the employer that it is in their best interest to increase the offer to avoid a costly public lawsuit.
Do I have to sign the severance agreement my employer gave me?
No. You are under no legal obligation to sign. A severance agreement is a contract: you are selling your right to sue for a certain amount of money. If the money doesn't outweigh the value of your potential wrongful termination claim, you shouldn't sign it.