A lawyer should review your severance agreement before you sign

Losing your job is stressful enough, but your employer may also pressure you into making quick legal decisions. If you feel compelled to sign the severance agreement your Florida employer handed to you, do not do it immediately. Even if you need that severance check, there are legal implications tied to the document. Signing without a thorough review of your severance agreement could cost you far more than you realize.

What you sign away

A standard severance agreement contains a comprehensive General Release of Claims. By signing, you agree to forfeit the right to file a lawsuit against your employer for past workplace issues, including:

• Unlawful discrimination under Title VII or the Florida Civil Rights Act (FCRA)
• Workplace harassment or retaliatory discharge
• Unpaid wages or overtime violations under the Fair Labor Standards Act (FLSA)
• Wrongful termination claims

Once you sign, you have permanently waived these rights, even if you later discover evidence of serious wrongdoing. However, a release cannot legally waive future claims arising after signing, pending workers’ compensation claims or reports of violations to administrative agencies.

Before you sign the severance package, understand what you might give up in exchange for your payment.

Dangerous clauses

Severance packages often contain restrictive provisions that can impact your future employment and livelihood. There are two types of provisions that you need to watch out for:

• Non-compete agreements: These provisions prevent you from working in your industry or geographic area for months or even years. Florida enforces non-competes more readily than many other states. 
• Non-disparagement clauses: These provisions prohibit you from speaking negatively about your employer. You may find your ability to write honest reviews, warn others about workplace problems or even discuss your experience limited.

Confidentiality provisions might prevent you from disclosing your severance terms or discussing company practices. Even if you have legal protections, the severance agreement may still limit your rights. However, you may be able to challenge provisions if they are overly broad.

Protections for 40+ workers

Workers aged 40 or older have specific protections from severance packages under the Older Workers Benefit Protection Act (OWBPA). Your employer must provide at least 21 days to evaluate the document (or 45 days in group layoffs). Additionally, the law provides an unwaivable 7-day revocation period after execution to cancel your acceptance.

If your agreement does not include these timeframes, it may be invalid. The law gives you time to consult with a legal professional about negotiating severance pay and terms.

Negotiating your severance

Many employees do not realize that negotiating severance pay is an option. A legal representative can help you identify leverage and risks. They may work with you to secure a larger payout, extended health benefits or more favorable terms.

Before you sign, seek a professional severance agreement review in Florida. You do not need to let pressure lead to a decision you might regret later.