If you've recently been laid off or terminated in Georgia, you may have been presented with a severance agreement. At first glance, it might seem like a generous gesture—your employer offering you several weeks (or even months) of pay. But before you sign anything, it’s important to understand exactly what you’re agreeing to.
Severance agreements are legal contracts. They’re not just about money—they often include waivers, restrictions, and obligations that could affect your future employment and legal rights. Here's what every Atlanta employee should know before signing on the dotted line.
What Is a Severance Agreement?
A severance agreement is a contract between an employer and an employee, typically offered at the time of termination of employment. In exchange for severance pay or other benefits, the employee typically agrees not to sue the employer and may also agree to additional terms, such as non-disparagement or confidentiality.
While Georgia law doesn’t require employers to offer severance, many do—particularly in corporate, healthcare, and tech settings—as a way to manage risk and maintain goodwill.
Common Terms Found in Severance Agreements
Before signing, take time to review what the agreement actually contains. Some of the most common provisions include:
Release of Claims: You may be giving up the right to sue for wrongful termination, discrimination, unpaid wages, or other employment violations.
Non-Disparagement Clauses: You agree not to speak negatively about your former employer, even on social media.
Confidentiality: You may be barred from discussing the terms of your severance, or even the fact that it exists.
Non-Compete or Non-Solicitation Provisions: You may be restricted from working for certain employers or contacting former clients or coworkers.
What appears to be standard language could ultimately limit your options or waive valid legal claims. These provisions are enforceable in many cases under Georgia law, so it’s critical to understand them before agreeing.
Why You Shouldn’t Sign Right Away
Most severance agreements include a deadline for signing, but don’t let that pressure you into rushing. In fact, you may be entitled to additional time:
Employees over 40 must receive at least 21 days to consider the offer under the federal Older Workers Benefit Protection Act (OWBPA). If part of a group is laid off, the time may be extended to 45 days.
You also have seven days to revoke your signature after signing, if you're over 40 and the release includes age-related claims.
Even if you’re under 40, you’re allowed to ask for time to review the agreement and consult with an attorney. Employers are not required to give you a lawyer, but they often expect you to seek legal advice before finalizing a severance.
Can You Negotiate a Severance Agreement?
Yes. In many cases, the terms of a severance agreement are negotiable, especially if:
You have potential legal claims (e.g., discrimination, harassment, retaliation, and unpaid overtime).
You’re being asked to sign a broad non-compete clause.
The severance offer seems unusually low for your position or tenure.
An employment attorney can help you evaluate your leverage and may be able to negotiate better terms, such as:
What If You Already Signed?
If you’ve already signed a severance agreement, it may still be worth speaking with an attorney. In limited circumstances, such as coercion, fraud, or invalid waiver of federal rights, a severance agreement can be challenged.
However, time is a factor. Once you’ve waived your rights, reversing that decision may be difficult, especially if the employer has already fulfilled its side of the agreement.
When to Contact an Employment Lawyer
You should consider contacting a Georgia employment attorney if:
You suspect your termination was unlawful
You’re being asked to waive claims you don’t fully understand
The agreement contains restrictive clauses that may affect future employment
You feel pressured to sign or were given no time to review the agreement
An attorney can help protect your interests, explain what’s at stake, and determine whether you’re giving up more than you’re getting.
Legal Help for Severance Agreements in Atlanta
In Atlanta and across Georgia, employees have rights—even after being let go. A severance agreement is not just a farewell bonus. It’s a legally binding document that may limit your options going forward. Before you sign, take the time to understand your rights and obligations. And talk to an experienced employer lawyer before you sign