You’ve just been handed a severance agreement. Maybe it caught you off guard. Maybe you expected it. Either way, you’re probably asking:
Should I sign this—or talk to a lawyer first?
If you’re in Massachusetts, the short answer is: don’t sign yet.
Here’s why.
What Is a Severance Agreement?
A severance agreement is a legally binding contract. In most cases, your employer offers you money, benefits, or both in exchange for waiving your right to bring legal claims.
That includes potential claims under:
- Massachusetts Wage Act (for unpaid wages, commissions, bonuses)
- Massachusetts Fair Employment Practices Act (for discrimination or harassment)
- Federal laws like Title VII, the ADA, or the ADEA
- Common law claims like breach of contract or retaliation
Even if you feel like you’re leaving on good terms, these agreements are often written to protect the company—not you. Once you sign, it’s typically final. That’s why it’s smart to have a Massachusetts employment attorney review it first.
Can You Negotiate a Severance Agreement in Massachusetts?
Yes. Severance agreements in Massachusetts can often be negotiated—especially if you’re being asked to sign a broad release, non-disparagement clause, or non-compete.
We help clients negotiate:
- More severance pay
- Extended health insurance or COBRA contributions
- Payment for unused PTO, commissions, or bonuses (as required under the Wage Act)
- Better reference language or internal HR notes
- Clarified non-compete or non-solicit terms
Employers are not required to offer severance in Massachusetts. But once they do, they have legal obligations. For instance, any unpaid wages or earned bonuses must be paid on your last day—not bundled into a severance agreement.
We also flag severance terms that could be problematic down the line. For example, some non-disparagement clauses are written so broadly that they prevent you from speaking honestly about your experience—even to future employers or government agencies. We can help clean that up.
What to Watch for in a Severance Agreement
Massachusetts employers often include:
- Broad legal waivers
- Confidentiality clauses
- Non-disparagement
- Non-compete or non-solicit provisions
- “No admission of wrongdoing” clauses
- Tight signing deadlines
Some terms are standard. Some are overly aggressive. Others may even be unenforceable under Massachusetts law—especially with changes to the state’s non-compete statute (MGL c. 149, § 24L), which requires employers to meet specific criteria for enforceability, including “garden leave” provisions.
We’ll help you understand what’s fair, what’s risky, and what you don’t have to accept.
Already Signed? There May Still Be Options
If the severance agreement includes an Age Discrimination in Employment Act (ADEA) waiver and you’re 40 or older, federal law requires:
- A 21-day consideration period
- A 7-day revocation period after signing
Massachusetts also has its own age discrimination protections under M.G.L. c. 151B. If you signed under pressure, or without being fully informed, reach out—we may still be able to help.
FAQs
How much time do I have to review a severance agreement?
It depends. If you’re 40 or older and the agreement includes an ADEA waiver, you must be given at least 21 days to consider it and 7 days to revoke after signing. Otherwise, employers may set their own deadlines—but many will grant more time if you ask.
Do I have to sign to get my final paycheck or earned PTO?
No. Under the Massachusetts Wage Act, you’re entitled to all earned wages, commissions, and unused vacation pay by your last day (if fired) or the next regular payday (if you resign). Your employer cannot withhold these payments to pressure you into signing a severance agreement.
Is my non-compete still valid?
Maybe not. Massachusetts overhauled its non-compete law in 2018. To be enforceable, a non-compete must meet strict requirements—including advance notice, garden leave, and reasonableness in scope and duration. We’ll help you assess whether it can be challenged or negotiated.
Why Work with an Employment Lawyer?
Severance agreements are written by the employer’s legal team to protect the company. Our job is to protect you.
We’ve reviewed and negotiated hundreds of agreements for professionals across Massachusetts—from Boston to Worcester to Springfield, in industries like tech, finance, education, healthcare, and more.
We help you:
- Understand what the agreement actually says
- Spot any illegal or unfair terms
- Negotiate for stronger compensation, protection, or flexibility
We’re not here to blow up deals—we’re here to get you what’s fair and protect your future.
Let’s Talk — Free and Confidential
If you’ve been offered a severance package in Massachusetts, don’t go it alone. We’ll help you review, negotiate, and understand the agreement—so you can make a smart, informed decision.