Being presented with a severance agreement can feel overwhelming, especially if your employment ended unexpectedly. While severance packages may offer financial support, they often require you to waive significant legal rights. Before signing, it is wise to consult an experienced Employment Lawyer who can review the terms and protect your interests.
Castronovo & McKinney, LLC focuses exclusively on employment law and represents employees throughout Woodbridge Township and across New Jersey in severance negotiations and employment disputes. The firm works to ensure that clients fully understand the agreements they are asked to sign—and whether better terms can be negotiated.
What Is a Severance Agreement?
A severance agreement is a contract offered at the end of employment, typically providing compensation in exchange for a release of claims. Employers are generally not required to offer severance pay unless a contract or policy provides otherwise.
Severance agreements commonly include provisions addressing:
- Severance pay amounts and payment schedules
- Continuation of health benefits
- Waivers of legal claims
- Confidentiality obligations
- Non-disparagement clauses
- Non-compete or non-solicitation restrictions
By signing, employees may give up the right to pursue discrimination, retaliation, or wage claims—even if those claims have not yet been fully evaluated.
Can Severance Be Negotiated?
Many employees assume severance offers are final. In reality, terms are often negotiable. Factors that may influence negotiations include:
- Length of employment
- Position and compensation level
- Potential legal claims
- Strength of performance history
Castronovo & McKinney reviews the circumstances of termination and assesses whether the severance package adequately reflects the employee’s legal rights and contributions.
Age Discrimination Waivers
For employees over 40, federal law requires specific disclosures and a mandatory review period before signing a waiver of age discrimination claims. Employers must comply with strict procedural requirements for such waivers to be valid.
Understanding these requirements is critical before agreeing to release age-related claims.
Non-Compete and Restrictive Clauses
Severance agreements may include or expand restrictive covenants that limit future employment opportunities. Before signing, it is important to evaluate whether these provisions are reasonable under New Jersey law.
Negotiating narrower geographic scope, shorter duration, or clearer language can significantly impact your career mobility.
Deadlines and Strategic Considerations
Employers often impose deadlines for signing severance agreements. Acting promptly to obtain legal review can preserve negotiation opportunities and prevent unintended waiver of valuable rights.
Castronovo & McKinney represents clients throughout Woodbridge Township, Bergen County, Essex County, Middlesex County, Morris County, and surrounding communities, providing focused employment law guidance tailored to each situation.
Contact Castronovo & McKinney, LLC
If you have been offered a severance agreement in Woodbridge Township, do not sign without fully understanding your rights and options.
Castronovo & McKinney, LLC
71 Maple Ave
Morristown, NJ 07960
Phone: 973-920-7888
Email: tom@cmlaw.com
Hours: Monday–Friday, 9:00 AM – 6:00 PM
Schedule a consultation to review your severance package and ensure your interests are fully protected before making a decision.
