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DFW Employment Law
Don't sign that severance agreement until someone on your side reads it.
A severance agreement asks you to give up legal rights in exchange for money. Before the deadline runs, let an employee-side lawyer tell you what you're really agreeing to — and whether the offer can be improved.
A severance agreement is a contract. In exchange for a payment, you typically waive your right to sue your employer. Have it reviewed before you sign — sometimes the release is broader than it needs to be, the amount is negotiable, or you're giving up claims worth far more than the payout.
What a severance agreement really is
When you leave a job, your employer may offer a severance package: a payment (and sometimes continued benefits) in return for your signature on a release. That release usually means you promise not to sue the company for anything that happened during your employment — including claims you may not even realize you have, like unpaid wages, discrimination, or retaliation.
Texas employers are generally not required to offer severance at all. So when they do, it's usually because the agreement benefits them. That doesn't make it a bad deal — but it does mean you should understand it before you sign.
What we look for when we review yours
- The scope of the release — exactly which rights you're giving up, and whether it reaches further than it should.
- Claims you may be waiving for free — if you have a real discrimination, retaliation, wage, or wrongful-termination claim, that claim may be worth more than the severance on the table.
- Restrictive covenants — non-compete, non-solicit, and non-disparagement clauses that can follow you into your next job.
- Whether the terms can be improved — severance is often negotiable, especially when there are underlying claims.
- Deadlines and revocation rights — older workers (40+) generally must be given time to consider and revoke under the OWBPA.
Why move quickly
Severance offers almost always come with a deadline — often seven to twenty-one days. A quick review early gives us room to spot problems and, where appropriate, negotiate before that window closes.
The fine print that follows you out the door
The dollar figure is the part everyone reads. The clauses below are the parts that matter a year later — and they're where we spend most of our review time:
- Non-disparagement — often written one-way, binding you but not the company. We look at whether it can be made mutual, and whether it's so broad it could chill truthful statements to a future employer or a government agency.
- Confidentiality of the agreement itself — some clauses are drafted so broadly you couldn't discuss the terms with a spouse or tax preparer without carve-outs.
- No-rehire provisions — language that quietly bars you from ever working for the company, its affiliates, or sometimes companies it later acquires. In DFW's consolidated industries, that can shrink your job market more than you'd expect.
- Carried-over restrictive covenants — severance agreements frequently "reaffirm" the non-compete or non-solicit from your original employment agreement, sometimes extending it. Signing can revive restrictions that might otherwise have been contestable.
- Cooperation clauses — open-ended promises to assist in the company's future litigation, occasionally unpaid. We look for time limits and compensation for your time.
- References and rehire codes — what the company will actually say when your next employer calls. A neutral-reference commitment costs the employer nothing and is often obtainable just by asking.
- Benefits mechanics — how the payment is characterized and timed, COBRA treatment, what happens to bonuses, commissions, and unvested equity that may already be earned.
Severance and your Texas unemployment benefits
A detail many DFW workers learn the hard way: how your payment is labeled can affect your unemployment claim. Under Texas Workforce Commission rules, true severance pay generally does not disqualify you from unemployment benefits — but payments characterized as "wages in lieu of notice" can delay when your benefits begin. The difference is drafting, not economics. It's one of the specific things we check in every review.
How the flat-fee review works
Severance review is one of the few legal products that works best as a simple, fixed-price engagement — so that's how we offer it:
- Send us the agreement (and the deadline you're working against).
- Flat fee, quoted in writing before we begin — no hourly meter, no surprises. The initial consultation about whether you need a review is free.
- You get a plain-English walkthrough — what you're releasing, the clauses that follow you, anything worth negotiating, and our candid read on whether you're leaving claims or money on the table.
- If negotiation makes sense, that's a separate decision with its own quoted scope — you'll never be rolled from a review into a bigger engagement without agreeing to it.
Reviews are typically turned around well inside your consideration window — tell us your deadline and we'll work to it.
Do I have a case?
If any of this sounds familiar, let's talk.
- You were handed a severance agreement and given a deadline to sign.
- You think you may have been let go for an unfair or illegal reason.
- The agreement contains a non-compete or non-disparagement clause.
- You're 40 or older and want to be sure your rights are protected.
- The severance amount feels low and you want to know if it's negotiable.
Common questions
Straight answers.
Should I sign my severance agreement?
Not before someone on your side reviews it. Once you sign, you've usually given up the right to bring claims against your employer. A short review can tell you whether the terms are fair and whether you're waiving anything valuable.
Can severance be negotiated?
Often, yes — particularly when there are underlying legal claims or the initial offer is low. Having a lawyer involved signals that you understand your rights, which can change the conversation.
How long do I have to decide?
It depends on the agreement. Workers 40 and older are typically given at least 21 days to consider and 7 days to revoke under federal law (the OWBPA). Younger workers may get much less, so it's important to act quickly.
Do I have to pay to have it reviewed?
The initial consultation is free. A full review is a flat fee, quoted in writing before we begin — no hourly billing, no surprises.
Does taking severance affect my Texas unemployment benefits?
It can — and the label matters. Under Texas Workforce Commission rules, true severance pay generally doesn't disqualify you from unemployment benefits, but payments characterized as "wages in lieu of notice" can delay when benefits begin. We check how your agreement characterizes the payment as part of every review.
I'm 40 or older — what extra protections do I have?
Federal law (the OWBPA) requires that a waiver of age-discrimination claims be "knowing and voluntary": you must generally get at least 21 days to consider the agreement — 45 days in a group layoff, along with disclosure of the ages and positions of who's being let go — plus 7 days to revoke after signing, and the agreement must advise you in writing to consult a lawyer. Missing pieces can make the age-claim waiver unenforceable.
Can I still file an EEOC charge after I sign?
Generally, yes — a release can't lawfully stop you from filing a charge with or cooperating with the EEOC. What you typically waive is the right to recover money for the released claims. Releases also can't waive certain rights at all, like unemployment benefits, workers' compensation, or claims that arise after you sign.
What if I already signed?
If you're 40 or older, you may still be inside the 7-day OWBPA revocation window — act immediately. Outside that window, options narrow considerably, but an unenforceable waiver or a missing OWBPA requirement can sometimes reopen the conversation. Call before assuming it's final.
Areas we serve
Representing employees across Dallas–Fort Worth.
Serving employees across the Dallas–Fort Worth Metroplex. Charges for the DFW area are handled through the EEOC Dallas District Office and the Texas Workforce Commission.
Take the first step
The sooner you have counsel, the more options you have.
Reaching out today can change the outcome.