Key Takeaways
- You have legal time limits—don't be pressured
- Some situations clearly warrant legal consultation
- A few hundred dollars for lawyer review can be worth thousands
When to Call a Lawyer
"Do I need a lawyer?" — Sometimes yes, often no
Understanding the Release of Claims
The release is the core of most severance agreements. By signing, you waive your right to sue for:
- Discrimination (age, race, gender, disability)
- Wrongful termination
- Retaliation
- Breach of contract
- Unpaid wages
Key protections:
- You cannot release claims you don't know about
- You can still file EEOC charges (though you waive monetary recovery)
- ADEA requires specific language for age-related waivers
Time Limits to Review
| Situation | Review Period | Revocation Period |
|---|---|---|
| Individual layoff (under 40) | None required | None required |
| Individual layoff (40+) | 21 days minimum | 7 days |
| Mass layoff (40+) | 45 days minimum | 7 days |
They cannot legally pressure you to sign faster if you're 40+. "We need this signed today" is not enforceable.
Red Flags That Warrant Legal Review
| Red Flag | Why It Matters |
|---|---|
| You're 40+ and others laid off are younger | Potential age discrimination |
| Layoff shortly after protected activity | Retaliation (complaints, FMLA, whistleblowing) |
| Unusual non-compete terms | May be unenforceable or overly broad |
| You're owed commissions or bonuses | May be separate from severance |
| Disability accommodation was requested | Potential disability discrimination |
| Pregnant or recently returned from leave | Protected status |
What Employment Lawyers Cost
| Service | Typical Cost |
|---|---|
| Initial consultation | Free - $300 |
| Severance review only | $300 - $800 (average ~$410) |
| Negotiation assistance | $1,000 - $3,000 |
| Full representation | $5,000+ |
2025 data: The average cost for a simple severance review is approximately $410. Many lawyers offer free 30-minute consultations. Even just a severance review can be worth it for peace of mind or to catch issues you'd miss—a few hundred dollars to protect a five-figure severance is good ROI.
When NOT to Hire a Lawyer
- Standard layoff with fair severance
- No discrimination indicators
- Non-compete that doesn't affect your industry
- You're comfortable with the terms
Legal fees eat into your severance. Only spend money if there's a real issue.
If an employee is 40 or older and part of a mass layoff, how long must the employer give them to review the severance agreement?