The New York City severance agreement attorneys at Risman & Risman, P.C. protect employees’ rights during job transitions. We negotiate fair, favorable severance packages and guide you step by step—so you receive the maximum compensation and benefits the law and your leverage allow.

Note: New York law generally does not require employers to pay severance unless promised by contract, policy, or plan. Most severance offers are given in exchange for a legal release of claims.

QUESTIONS ABOUT SEVERANCE YOU NEED ANSWERED

If you’ve been told your role is being eliminated, you’re likely asking: Is this package fair? How does it compare in my industry? What will I live on while I look for work? Our severance agreement attorneys will answer these questions, evaluate your leverage, and—if retained—pursue the strongest package possible, including pay, benefits, and terms that protect your future.

Severance agreements often cover more than just a lump-sum payment. They may include continued salary, health-benefit contributions, treatment of stock options or commissions, references or outplacement, and restrictions such as confidentiality, non-disparagement, non-solicitation, or non-compete clauses. Each of these terms has real value for both sides and should be negotiated.

Non-competes: As of September 2025, there is no nationwide ban (the FTC’s proposed rule was vacated and appeals dropped), and New York has not enacted a statewide ban. Enforceability remains a fact-specific “reasonableness” analysis.

Strong severance negotiations begin with understanding why you were selected. Employers cannot lawfully terminate employees because of discrimination or in retaliation for protected complaints. We examine comparators, the decision-making process, and inconsistencies in policy application. These factors often create leverage to negotiate an improved package.

NEGOTIATION OF SEVERANCE AT ALL STAGES

We assist employees at all stages of severance matters:

• Reviewing employment agreements with severance provisions

• Negotiating packages following termination or layoffs

• Evaluating release agreements offered in exchange for benefits

We scrutinize compensation, health insurance, restrictive covenants, confidentiality, and release language—negotiating to close gaps and maximize value.

RIGHTS FOR EMPLOYEES 40+ (OWBPA)

If you are 40 or older and asked to release age-discrimination claims, the agreement must comply with the Older Workers Benefit Protection Act (OWBPA). Requirements include:

• Clear, plain language referencing the ADEA

• Consideration beyond what you are already owed

• Written advice to consult an attorney

• 21 days to review (or 45 days in group layoffs)

• 7 days to revoke after signing

• Written disclosures in group layoffs showing the job titles and ages of those selected and not selected

CONFIDENTIALITY AND NON-DISPARAGEMENT IN NY SETTLEMENTS

In New York, confidentiality in settlements involving discrimination, harassment, or retaliation claims is tightly restricted:

• Confidentiality must be the employee’s preference, documented in writing

• Agreements must clarify that confidentiality does not bar reporting to law enforcement, EEOC, or NYSDHR

• Confidentiality and non-disparagement clauses cannot be enforced through liquidated damages or forfeiture of severance pay

• Employers cannot require employees to state that they were not subject to discrimination or harassment

• Pre-litigation settlements: 21 days to review, 7 days to revoke

• Settlements during litigation: no waiting period, but still must reflect the employee’s preference

CONTACT A SEASONED AND QUALIFIED SEVERANCE AGREEMENT ATTORNEY

If you are being asked to sign a severance agreement, do not do so without first consulting an experienced attorney. The New York City severance agreement attorneys at Risman & Risman, P.C. will protect your rights and work to maximize your benefits. Call (212) 233-6400 or contact us online for a free consultation.