Dawicke Law
Jason E. Dawicke, Attorney at Law
Dawicke Law
P.O. Box 663
Lewis Center, OH 43035

Severance Agreements

As employees increasingly pursue workplace justice through the court system, many employers have attempted to insulate themselves from costly lawsuits by offering employees a severance or separation agreement at the conclusion of their employment. Unless contractually obligated, employers have no legal duty to provide severances, so it is best to be cautious when presented with such an agreement.

Generally, severances consist of promises by the employer to provide the departing employee with one or more benefits to which the employee would not otherwise be legally entitled. Such benefits may include a lump sum payment, salary continuation, profit sharing, outplacement assistance, or continuation of health insurance. In exchange for these benefits the employee agrees to give up any claims arising out of his employment. While certain benefits, like workers' compensation and unemployment cannot be waived by such an agreement, virtually every other legal claim can be permanently lost by agreeing to a severance. Therefore, it is always prudent to let an experienced employment attorney review the proposed severance before signing.

Lastly, if you are 40 years or older and presented with a severance, the Older Worker Benefit Protection Act (OWBPA) requires that you be provided 21 days to consider the severance and seven days to revoke once signing.

If you would like to have a severance agreement reviewed, please complete and submit the following form fields:

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Full Name:
Phone Number:
Email Address (if none, enter N/A):
Preferred Method of Contact:
Employer at Issue:
Approximate length of severance agreement:
Submission of this form does not establish an attorney-client relationship. Upon review of your responses, I may offer to represent you. Unless and until you receive a signed letter from me confirming representation, I have not agreed to represent you. In addition, submission of this form does not relieve you from complying with all applicable statutory deadlines required for filing your claim(s) with the appropriate agency or court.