Should You Hire an Attorney to Review Your Separation Agreement in New York or New Jersey?

You’ve been offered a separation agreement. Maybe it came out of nowhere. Maybe it followed a layoff, a performance review, or weeks of growing tension at work.

Now you’re staring at a packet of legal documents. A severance offer. A deadline. A lot of legalese.

You don’t have to figure it out alone.

At D’Andrea Law PLLC, I help employees in New York and New Jersey understand exactly what they’re being asked to sign—and what they’re giving up in return. If you’ve been handed a separation agreement or severance package, here’s why it’s important to talk to an employment attorney before signing anything.

What Is a Separation Agreement?

A separation agreement, also called a severance agreement, is a contract between you and your employer that typically lays out:

The amount of severance pay (if any)
How and when you’ll receive your final paycheck
Whether you’ll receive health insurance continuation
Non-disparagement, confidentiality, or non-compete or other restrictive covenant clauses
A general release of claims against the employer

That last part—the release of claims—is where things get serious. In exchange for whatever your employer is offering, you’re almost always being asked to waive your legal rights, including your ability to sue them for discrimination, retaliation, unpaid wages, or other unlawful treatment.

Why You Shouldn’t Sign Without Legal Advice

You may feel pressure to sign quickly, especially if there’s a deadline. But, here’s what you should know:

1. You Might Be Waiving Valuable Legal Claims

If you’ve experienced discrimination, harassment, retaliation, or unpaid wages, your employer may be trying to settle cheaply and quietly. A review by an employment attorney can help you understand the strength of your claims and whether the severance offer reflects your true legal value.

2. You Might Be Signing Away Future Rights

Many agreements include clauses that restrict your ability to work for a competitor, speak about your experience, or even disclose how much you received. Some of these clauses may impact your future employment opportunities.

3. You Might Be Leaving Money on the Table

Severance pay isn’t always a “take it or leave it” offer. In many cases, it can be negotiated, especially if your employer has legal exposure. An experienced employment lawyer can help you negotiate better terms or additional compensation.

4. You Have Time (and Rights)

If you’re over 40, your employer is legally required to give you at least 21 days to consider the agreement (or 45 days in a group layoff), plus 7 days to revoke your signature after signing under the Older Workers Benefit Protection Act (OWBPA).

You don’t need to feel rushed or confused. A lawyer can help you slow down and take control of the process.

Even if you’re under 40, being given only a few days to review a separation agreement in New York or New Jersey can raise concerns about pressure or duress. Most employers will agree to extend the deadline so you have time to consult with a lawyer.

What Might Be Missing From Your Severance Agreement

Even when a severance agreement includes money, it may be missing key protections that you’re entitled to ask for, especially in New York and New Jersey.

Some overlooked (but negotiable) terms include:

Mutual non-disparagement: Many agreements only prevent you from criticizing the company. A lawyer can help you request a clause that protects you from being disparaged by your former colleagues or managers.
Agreement not to contest unemployment benefits: You can ask the employer to agree not to challenge your application to collect unemployment insurance.
Neutral employment reference: This ensures the company will only confirm your job title and dates of employment held pursuant to company policy—avoiding any subjective commentary about your performance or why you left.
Continuation of health benefits or COBRA subsidy: In some cases, employers are willing to pay for a few months of COBRA coverage.
Waiver of enforcement of restrictive covenants: If you previously signed a non-compete or non-solicit agreement, now’s the time to revisit it, and possibly limit or waive it altogether.
Payout of unused vacation or PTO: Don’t assume it’s included. Ask.
Positive messaging in internal announcements: If you’re concerned about how your departure will be communicated to staff or clients, you may want a say in the messaging.

A lawyer can help you spot what’s missing, and help you ask for more.

Common Red Flags in Severance Agreements

Here are a few terms I regularly review (and revise) in agreements for employees across New York and New Jersey:

Overbroad non-disparagement clauses that restrict your ability to speak even the truth to healthcare providers, faith leaders, or immediate family members
Non-compete clauses that limit your future job prospects
One-sided confidentiality agreements that prevent you from speaking up
Waivers of unknown claims, which may include things you’re not even aware of yet
Failure to comply with state-specific requirements, such as the federal WARN Act or your state’s equivalent. You may also be entitled to written notice of key deadlines, including when your health insurance coverage will end.

If your agreement includes any of the above, it’s worth getting a second opinion before signing.

Schedule a Free Consultation Regarding Your Agreement Review

At D’Andrea Law PLLC, I offer hourly or flat-fee separation agreement reviews for employees in New York and New Jersey. I’ll walk you through what’s in the document, flag concerns, let you know your rights, and whether you should negotiate for more.

You don’t have to sign away your future without knowing what’s at stake.

👉 Schedule your confidential free consultation today.

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Disclaimer: This website is for informational purposes only and does not constitute legal advice. Prior results do not guarantee a similar outcome. This website may be considered attorney advertising under applicable rules.