NYC Severance Negotiation Lawyer

When your employment ends, a severance offer may seem like a simple gesture from your employer, but the fine print often tells a different story. In New York City, employees navigating the end of an employment relationship must carefully evaluate severance agreements to understand what they’re signing away and what they might be entitled to. A skilled NYC severance negotiation lawyer at Greenberg Gross LLP can help ensure you don’t forfeit your legal rights or settle for less than you deserve.

Most severance agreements are crafted to protect the employer’s interests, not the employee’s. These documents frequently include non-disparagement clauses, arbitration clauses, general release provisions, and restrictive language that can significantly impact your financial future, reputation, and ability to find future employment. Our employment attorneys are committed to representing only employees, not employers, during this critical transition period.

What Is a Severance Agreement?

A severance agreement is a legally binding contract offered to an employee at the end of the employment relationship. It often outlines the severance package, which may include severance pay, a lump sum payment, benefits continuation, and sometimes career counseling. Such an agreement also typically contains provisions that limit the employee’s ability to pursue potential legal claims in the future.

A severance agreement typically includes a release of claims against the former employer. Signing one without legal counsel can mean waiving your rights under employment law, including those related to wrongful termination, age discrimination, or other unlawful conduct. The terms of the agreement must be reviewed in detail to protect your best interest and to determine whether better severance terms can be negotiated.

The Importance of Severance Negotiations

Severance negotiations are often necessary because the initial severance offer rarely reflects the full value of the employee’s contributions or their potential legal claims. Many workers mistakenly believe they must accept the first offer or risk losing everything. In reality, a knowledgeable employment lawyer can help you negotiate for more favorable severance terms, additional compensation, and critical clarifications in the language of the agreement.

Negotiations might focus on increasing severance pay or lump sum payments, extending benefits, modifying non-compete clauses, or removing overly broad confidentiality or general release terms. Greenberg Gross LLP’s employment attorneys have an in depth understanding of New York employment law and years of experience advocating for employees facing job loss, restructuring, or voluntary exit.

Common Provisions in Severance Agreements

While every severance agreement is different, most contain a similar set of provisions. Understanding these clauses is essential to making an informed decision about whether to sign:

The general release clause is among the most impactful. It typically requires you to give up your right to pursue any legal action against your employer, even if you were unaware of violations at the time of signing.

Non-compete clauses may restrict your ability to work in your industry for a set period, while non-disparagement clauses can prevent you from speaking openly about your experience.

Arbitration clauses may require you to resolve future disputes privately, rather than in court, which could limit your options if further issues arise.

Benefits continuation and severance pay terms must be clearly defined. These may include paid time off payouts, healthcare extensions, and continued employee benefits for a specified duration.

Legal Rights and Employee Protections in New York

New York employees are protected by various state and federal statutes. Under the Employment Act and the New York Human Rights Law, employees may have claims that they’re unaware of—particularly in cases involving age discrimination, wrongful termination, or unpaid compensation.

Signing a severance agreement without first identifying these claims can lead to a complete waiver of your legal rights. That’s why it’s critical to consult with a severance agreement lawyer before signing. At Greenberg Gross LLP, we help clients identify potential claims and determine whether the agreement is fair or if better terms can be negotiated. In many cases, our attorneys have helped clients secure more money, remove restrictive clauses, and protect their reputations.

Who Should Consider Speaking to a Severance Lawyer?

Any employee offered a severance package should speak with a NYC severance lawyer before signing. This includes employees terminated in downsizing efforts, those exiting through mutual agreement, older workers asked to retire early, and those who feel their termination may involve discriminatory or retaliatory motives.

Greenberg Gross LLP also assists workers facing non-standard situations—like sudden job loss after whistleblowing, demotion following leave, or termination after raising harassment concerns. Severance agreements in these cases may conceal attempts to silence employees or avoid liability.

Why Choose Greenberg Gross LLP

Our law firm focuses exclusively on helping employees in employment disputes. We have a proven track record of successful severance negotiations in New York City. Our attorneys provide strategic advice based on decades of employment law experience and a deep commitment to protecting employees’ financial stability, dignity, and legal rights.

We start with a review of the severance agreement, looking closely at every provision, including severance terms, compensation offers, and general release language. We assess whether the severance offer is fair and legal under applicable employment law. Then we negotiate directly with the employer or their counsel to secure better terms—always prioritizing your best interest.

We also ensure that you fully understand the implications of signing. Our goal is to make sure every client walks away from the process informed, empowered, and secure.

Frequently Asked Questions

What should I do if I’ve been offered a severance package?

You should consult a severance agreement attorney before signing anything. Even if the offer seems fair, an attorney can help identify potential risks or opportunities for better terms.

Can I negotiate for more severance pay?

Yes. Employers often expect negotiations. You can seek increased severance payment, extended benefits, or changes to restrictive provisions. An attorney can guide you through the process.

Is the initial severance offer always final?

No. Most severance agreements are designed to protect the employer, and there’s often room for negotiation. Never assume you must accept the first offer.

What if my severance agreement includes a non-compete clause?

Non-compete clauses can limit your future employment options. Your lawyer can help assess whether the clause is enforceable under New York law and negotiate modifications or removal.

What are the risks of signing without legal advice?

You may waive important legal claims or accept unfair provisions that affect your financial future. Once signed, it can be difficult or impossible to challenge the agreement.

Are older workers offered different protections?

Yes. Older workers often have additional rights under age discrimination laws, and severance agreements must meet certain requirements, such as extended review periods.

What if I already signed the agreement?

In some cases, agreements can be challenged if signed under duress or if they violate employment law. Contact an attorney immediately to explore your options.