Whether your job ends unexpectedly or you make the decision to leave, employees departing with severance packages in Colorado have a challenging task that comes with monumental risk. You must balance the financial implications and exit strategy with your professional future, which can be overwhelming if you lack a legal background. Fort Collins severance review lawyers help employees evaluate these agreements, protect legal rights, and identify hidden risks. Further, they can negotiate stronger compensation and benefits before signing away valuable claims.
You have worked hard to develop your career, so rely on HKM Employment Attorneys, LLP, to help you preserve it. Our Fort Collins severance review lawyers provide detailed explanations of each term, guiding you to make informed decisions during your exit. Contact us for an evaluation.
Why a Severance Review Attorney in Fort Collins Can Increase Your Compensation
Getting legal help can significantly improve the outcome of your departure package. Employers often present severance agreements as standard or non-negotiable. In reality, many terms are flexible, especially for long-term employees, executives, and workers with potential legal claims.
A skilled severance review attorney analyzes the basic, yet fundamentally important terms, including salary continuation, bonus eligibility, unused PTO, stock options, and benefits extensions. They also assess any restrictive covenants for compliance with Colorado’s Protecting Opportunities and Workers’ Rights (POWR) Act, which voids these clauses unless they meet strict requirements. An employment lawyer also determines whether you may have claims that increase leverage in negotiations, such as:
- Wrongful termination
- Discrimination
- Retaliation
- Unpaid wages
With experienced counsel, you may secure additional compensation, extended health benefits, neutral references, or revised non-compete terms. Careful review ensures you are not leaving money or valuable rights behind.
What Happens if You Sign a Severance Agreement Without Legal Review?
There are considerable risks that can permanently limit your rights if you undertake your own assessment of a severance package. Most agreements include a broad release of claims, which means you waive the ability to sue your employer for workplace violations that occurred before signing. This may include claims under federal laws such as Title VII, the ADA, the FLSA, or Colorado wage statutes, which often include compensation for employees. Once executed, these waivers are typically final: Even an egregious case of workplace discrimination will be denied.
You may also agree to strict confidentiality, non-disparagement, or non-compete clauses that restrict future employment. Without proper review, you might accept less compensation than you deserve or overlook ambiguous language that harms your interests. Before signing, you need a firm grasp of each clause, so you can identify risks and make informed decisions.
Common Employer Tactics in Severance Offers
One strategic approach that employers use when presenting severance packages is imposing short deadlines to create urgency and discourage consultation with counsel. In almost every case, companies cannot set time limits to get you to submit. An important exception for workers over 40 is the Older Workers Benefit Protection Act (OWBPA), which imposes mandatory review periods for some agreements.
Employers may claim that the arrangement is generous while requiring expansive releases, cooperation clauses, or repayment provisions. Another tactic involves offering minimal compensation in exchange for broad waivers of potential discrimination or retaliation claims. It is crucial to recognize these strategies and evaluate whether the offer reflects fair compensation based on your tenure, position, and potential legal exposure.
Our Process for Severance Review: From Consultation to Negotiations and Litigation
HKM Employment Attorneys applies a collaborative, client-focused approach designed to protect your interests at every stage. The process begins with a confidential consultation to evaluate:
- Your employment history
- Compensation structure
- Circumstances surrounding your exit
- Any restrictive covenants
After reviewing the agreement line by line, attorneys identify legal risks, financial opportunities, and negotiation points. If warranted, they communicate directly with your employer to seek improved terms, additional compensation, or revisions to restrictive clauses.
When negotiations are unsuccessful and legal violations are evident, litigation may be considered to enforce your rights. We may file with the Employee Benefits Security Administration, sue for breach of contract, or pursue other remedies. With local knowledge in Fort Collins, our firm provides transparent communication, regular updates, and strategic guidance tailored to your goals.
FAQs About Severance Review
How long do you have to review a severance agreement in Colorado?
In Colorado, there is no universal deadline for reviewing a severance agreement. The timeline depends on the contract terms. However, employees aged 40 or older must receive at least 21 days under the OWBPA, plus a seven-day revocation period after signing.
What is the law for severance pay in Colorado?
Colorado law does not require employers to provide severance pay unless it is promised in an employment contract, policy, or collective bargaining agreement. Severance is generally voluntary. However, final wages, earned bonuses, and accrued vacation must be paid under the Colorado Wage Act.
Can you negotiate a severance package after receiving an initial offer?
Yes, severance packages are often negotiable. Initial offers may not reflect the full value of your position, tenure, or potential legal claims. Employees can request additional compensation, extended benefits, revised references, or changes to non-compete clauses before signing the agreement.
What are common mistakes with severance packages?
Common mistakes include signing too quickly, overlooking restrictive covenants, failing to calculate unpaid bonuses or commissions, and waiving legal claims without understanding their value. Employees also miss opportunities to negotiate improved terms, extended health coverage, or neutral references before finalizing the agreement.
Talk to a Fort Collins Severance Review Attorney Before Signing
You owe it to yourself as a departing employee to leverage all beneficial terms when working through issues with severance packages. The decisions you make now can shape your financial stability, professional reputation, and long-term career path. With experienced legal guidance, you can better understand your rights, evaluate risks, and pursue improved terms before signing away important claims.
The future and career you have worked hard to build depend on quality legal support. Please contact HKM Employment Attorneys, LLP by calling (970) 698-8502 to schedule your free consultation with our Colorado severance review lawyers.
