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.

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 and should be negotiated.

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.

We assist employees at all stages of severance matters: reviewing employment agreements with severance provisions, negotiating packages following termination or layoffs, and evaluating release agreements offered in exchange for benefits.

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

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.

For pre-litigation settlements, employees have 21 days to review and 7 days to revoke. Employers cannot require employees to state that they were not subject to discrimination or harassment.