Questions to ask an employment lawyer about a severance offer

A severance agreement is a contract, and it usually comes with a deadline. A consultation with an employment lawyer can tell you what you would be giving up and how the offer compares with what the law requires. These questions help you get clear answers.

Last reviewed: September 30, 2026 · VettedCounsel

Educational information, not legal advice. Written for the U.S. and Canada. Rules and official resources vary by state and province and change over time. Confirm anything important with the official source where you live or with a qualified lawyer. How we work.

First, note the deadline

Write down the date you received the agreement and the date it says you must sign by. Give the lawyer both when you book. Some employment claims also have short filing deadlines, which depend on the claim and on where you work. This page cannot tell you yours. A lawyer can.

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About the offer itself

  • Which claims would I be giving up by signing, and are any excluded by law?
  • Does the offer at least meet the minimum notice or pay that the law sets where I work, and what is offered beyond it?
  • Is anything I am already owed, such as final pay or accrued vacation, being counted as severance?
  • When and how would I be paid, and what happens to my benefits or health coverage?
  • How will the payment be taxed, and should I also speak with a tax professional?

About restrictions after you leave

  • Which restrictions from my hiring documents would still apply, such as non-compete or confidentiality terms?
  • Are they likely to be enforceable where I live and work?
  • What could I say about the company afterwards, and does that restriction apply to both sides?
  • What will the employer say when asked for a reference?

About time to decide

  • How long do I have to review the agreement, and is the deadline firm?
  • Can I change my mind after signing, and how?
  • Does my age, or whether others were let go at the same time, affect how long I have?

About the lawyer’s fee for this review

  • Do you charge a flat fee, an hourly rate or a contingency fee to review a severance offer?
  • If you negotiate a better offer, how is your fee calculated?
  • Who would do the work, and can it be done before my deadline?

What to bring

Bring the severance agreement, your offer letter or employment contract, anything you signed when you were hired, and your recent pay records. See what to bring to an employment lawyer consultation.

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