What Is Severance Law?
Definition and Scope
Severance law governs the agreements and payments provided to employees upon termination of employment. These agreements often outline compensation, benefits, and legal waivers in exchange for the employee’s release of claims against the employer. Although not always legally required, severance packages can have significant legal implications and should be carefully reviewed before acceptance.
Common Legal Issues and Case Types
HKM Employment Attorneys LLP assists employees in reviewing and negotiating severance packages, identifying unlawful clauses, and determining whether the agreement fairly compensates them for their departure. We frequently represent individuals facing forced resignations, layoffs with inadequate terms, and severance agreements that attempt to waive important legal rights.
Who Needs a Severance Lawyer?
Employees offered severance agreements—especially in connection with layoffs, performance disputes, or potential legal claims—should consult a lawyer before signing. HKM helps clients determine whether the agreement serves their best interest or whether litigation may be a more beneficial course of action.
HKM’s Approach to Severance Cases
Initial Consultation and Case Review
We begin with a detailed consultation and review of your employment background, severance offer, and potential legal claims. Our attorneys examine all terms to assess fairness and identify any unlawful or coercive provisions.
Legal Strategy and Client Advocacy
Whether through negotiation or litigation, we pursue outcomes that maximize client benefit. If you have leverage due to potential legal violations—such as discrimination or retaliation—we work to secure a severance that reflects your rights and value.
Working with Clients Across the U.S.
HKM Employment Attorneys LLP serves employees nationwide. With offices across the country and attorneys experienced in both state and federal employment law, we ensure localized insight and national strength.
Why Choose HKM for Severance Cases
National Reach, Local Experience
Our attorneys understand regional differences in employment law and offer tailored support in every jurisdiction. Whether in California, Washington, Oregon, Pennsylvania, New York, or beyond, we bring deep experience to every severance case.
Proven Results in Severance Cases
HKM has secured favorable outcomes in thousands of severance matters, often increasing compensation, extending benefits, or removing restrictive terms like non-competes. We’re skilled in identifying what matters most in these often time-sensitive negotiations.
Client-Focused Representation
We prioritize transparency, responsiveness, and practical advocacy. Our attorneys explain options clearly and keep you in control—so you can make informed decisions about your career and financial future.
Frequently Asked Questions About Severance Law
What should I look for in a severance lawyer?
Look for experience in employment and contract law, particularly in negotiating or litigating severance-related issues. A good lawyer can spot unfair terms and help you negotiate better conditions or pursue alternative legal remedies.
How much does it cost to hire a severance attorney?
Many severance cases are handled on a flat-fee or hourly basis. In some situations, contingency arrangements are available. HKM offers transparent pricing and will discuss all costs before you commit.
Can I pursue a severance case in federal court?
If your severance dispute involves violations of federal employment laws—such as discrimination or retaliation—you may have standing in federal court. Our attorneys will determine the appropriate venue and legal strategy.
What is the typical process for a severance case?
The process begins with a review of your agreement and employment history. If necessary, we negotiate directly with your employer or escalate to litigation. Each case varies based on individual circumstances.
What should be included in a fair severance package?
A fair package typically includes compensation, continuation of benefits, neutral references, and removal of overly broad restrictions. HKM evaluates each element to ensure you’re not signing away key rights.
Can I negotiate for more severance pay or benefits?
Yes. Many employers offer low initial terms expecting negotiation. Our attorneys know how to leverage potential claims or employment history to improve severance outcomes.
What rights do I waive by signing a severance agreement?
You may waive your right to sue for discrimination, wrongful termination, unpaid wages, or other employment claims. HKM identifies which rights are being waived and whether doing so is in your interest.
Is my employer required by law to offer severance pay?
Generally, no. Severance is not legally required unless promised in a contract or policy. However, it may be offered to mitigate risk or support transitions. We help you determine what you’re owed.
How does signing a severance agreement affect my eligibility for unemployment?
It depends on the agreement’s terms and state-specific laws. Our attorneys assess whether the agreement affects unemployment eligibility and can structure terms accordingly.