The packet arrived in a folder. Maybe HR walked you through it in a conference room, or maybe it landed in your email an hour after the termination call. There’s a number on it that feels meaningful, especially when you’re facing rent and health insurance without a paycheck. The agreement asks you to sign by a specific date in exchange for that money. Most workers sign within forty-eight hours, and most leave money on the table or surrender claims they didn’t realize they had.
A severance agreement is one of the most consequential documents an employee will sign, and it’s almost always presented when careful judgment is hardest. Wrongful Termination Lawyers Maryland workers consult after a job loss spend a meaningful share of consultations reviewing these agreements, because what looks like a generous offer can hide a release worth far more to the employer than to the worker.
What You’re Actually Giving Up
A typical severance trades money or extended benefits for a release of legal claims. The release is usually as broad as possible. By signing, you generally give up the right to sue for:
- Discrimination based on race, sex, age, disability, national origin, religion, or pregnancy
- Retaliation for protected activity (FMLA leave, workers’ comp claims, internal complaints, whistleblowing)
- Wrongful termination under common law or statute
- Breach of any prior employment contract
- Unpaid wages, commissions, or bonuses in some cases
- Defamation or other tort claims tied to the firing
The release often reaches claims you don’t yet know about. A careful read-through with an employment lawyer matters more than a quick signature.
The OWBPA Rules for Workers Over Forty
If you’re forty or older when offered severance, the Older Workers Benefit Protection Act (OWBPA), which amends the ADEA, gives you specific protections the employer must follow. If they don’t, the release of age claims is invalid.
The required elements:
- Written in plain language
- Specifically references the ADEA and rights under it
- Advises you in writing to consult an attorney before signing
- At least 21 days to consider the agreement for an individual termination
- At least 45 days for a group layoff, with information about who else is affected and who is retained, including ages and job titles
- 7 days after signing to revoke in writing for any reason; this revocation period cannot be waived
- Consideration that’s something you wouldn’t have received without signing
Employers that get any of these wrong can end up with an invalid waiver of age claims, even if you signed and cashed the check.
What Wrongful Termination Lawyers Maryland Workers Hire Spot Right Away
A severance review usually focuses on three things: whether the consideration matches the underlying claim, whether the release reaches further than the law allows, and whether the surrounding clauses create hidden burdens. Common problem areas:
- Non-disparagement clauses binding only the employee
- Cooperation clauses requiring testimony or assistance in future litigation
- Confidentiality provisions broad enough to silence discussion of the termination itself
- Non-compete and non-solicitation language that follows the worker into the next job
- Releases covering “all claims, known and unknown,” with no carve-outs
- Liquidated damages provisions imposing penalties if the worker breaches the agreement
Any one of these isn’t automatically fatal to a fair deal, but each needs to be weighed against the consideration offered.
What Cannot Be Waived
Some rights survive a signed release no matter what the document says:
- The right to file a charge with the EEOC or Maryland Commission on Civil Rights (you can waive monetary recovery, not the right to file)
- Certain Maryland wage payment claims
- Workers’ comp benefits already accrued or being claimed
- Vested retirement or pension benefits
- Future claims that haven’t yet arisen (you generally can’t waive a harassment or retaliation claim that hasn’t happened)
Maryland law also restricts certain confidentiality provisions. Under the Maryland Disclosing Sexual Harassment in the Workplace Act, employers generally can’t enforce provisions waiving future sexual harassment claims.
When to Push Back
The number in the offer letter is rarely the ceiling. Employers expect negotiation, and the same factors that drive a wrongful termination case (timing tied to protected activity, sudden performance issues, deviation from progressive discipline) also drive severance negotiations. Common levers:
- Larger lump sum or extended salary continuation
- Continued health insurance contributions for additional months
- Conversion of the termination to a “resignation” for reference purposes
- Removal or narrowing of non-compete and non-solicitation provisions
- Mutual non-disparagement rather than one-way
- Carve-outs preserving specific claims
- A neutral reference letter with agreed separation language
The strength of the underlying claim drives what the employer will add.
Steps to Take Before Signing
Practical moves that protect your position:
- Take the full time allowed, especially the 21 or 45 days under OWBPA if you’re forty or older
- Read the entire agreement, including incorporated documents and exhibits
- Identify every claim being released and ask whether you might have any
- Compare the offered consideration to what you would receive anyway (final paycheck, accrued PTO, COBRA)
- Save copies of all communications, performance reviews, and termination documents to a personal account before access ends
- Consult an employment attorney, especially if the firing followed a protected activity
Many Maryland employment attorneys offer flat-fee severance reviews and free consultations.## The Bottom Line
A severance agreement ends your legal relationship with the employer on the employer’s terms. The terms aren’t final until you sign. The Wrongful Termination Lawyers Maryland workers rely on at The Mundaca Law Firm can review the agreement, identify what you may be giving up, and tell you whether the offer reflects the value of your claims. Contact the firm before signing.—
