Practice Areas
Separation & Employment
Agreements
New Jersey employment law protects your right to fair severance and post-employment terms. Don't sign away your rights without understanding what you're entitled to receive.
Review Period
21-45 days to consider agreements under federal and state law
Revocation Rights
7-day window to change your mind after signing
Fee Structure
Flat fee or hourly consultation — transparent pricing upfront
Negotiable Terms
Severance, benefits, references, and restrictive covenants
New Jersey and federal employment laws provide specific protections when you're asked to sign separation agreements, ensuring you have adequate time to review and the right to legal counsel.
Under the federal Older Workers Benefit Protection Act (OWBPA) and New Jersey employment law, employers must provide workers over 40 with at least 21 days to consider separation agreements (45 days for group layoffs) and 7 days to revoke after signing. The agreement must be written in plain English, advise you of your right to consult an attorney, and specifically reference Age Discrimination in Employment Act claims. New Jersey's Conscientious Employee Protection Act (N.J.S.A. 34:19-1 et seq.) also provides additional protections for whistleblower claims that cannot be waived.
Separation agreements typically involve negotiating severance pay, continuation of health benefits, positive references, outplacement services, and the return of company property. The value of what you're giving up — your right to sue for discrimination, harassment, wage violations, or wrongful termination — often far exceeds the initial offer. We help clients understand the true value of their claims and negotiate fair compensation that reflects both their years of service and any potential legal violations.
The biggest challenge is that employers often present these agreements with artificial deadlines or pressure tactics, making employees feel they must sign immediately. Many agreements contain overly broad non-compete clauses, non-disparagement provisions, or releases that go beyond what's legally enforceable in New Jersey. Additionally, if you have potential claims for unpaid wages, discrimination, or retaliation, signing without legal review could mean giving up significant compensation. We review the circumstances of your departure to identify any red flags before you waive your rights.
The Law
What you
need to know
01
Layoff or Downsizing
Your employer offers severance in exchange for releasing all claims. The package may seem generous, but you need to understand what legal rights you're waiving.
02
Performance-Based Termination
You're terminated for alleged poor performance and offered a separation package. This could be masking discrimination or retaliation that significantly increases your leverage.
03
Resignation Under Pressure
You're given the choice to resign or be fired, with a separation agreement attached. This 'voluntary' resignation may actually be constructive discharge with legal implications.
04
Non-Compete Enforcement
Your agreement includes restrictive covenants limiting future employment. New Jersey has specific rules about what's enforceable, and overly broad restrictions may be invalid.
05
Whistleblower Situations
You reported illegal activity or safety violations before your departure. New Jersey's whistleblower protections cannot be waived and may entitle you to additional compensation.
06
Discrimination or Harassment
Your departure follows complaints about discrimination, harassment, or hostile work environment. The separation agreement may be an attempt to silence valid legal claims.
Cases we handle
Common scenarios
What to expect
How the
process works
Initial Review Period
Don't sign immediately — you have at least 21 days (45 for group layoffs) to review any separation agreement. Use this time to gather documents, understand your rights, and consult with an attorney. The clock doesn't start until you receive a compliant agreement.
Legal Consultation & Case Evaluation
We review your employment history, the circumstances of your departure, and the proposed agreement terms. We identify potential claims you may be waiving and assess whether the offered compensation is fair given your situation.
Negotiation & Revision
Based on our analysis, we negotiate with your employer for better terms — higher severance, extended benefits, positive references, or removal of overly restrictive clauses. Most employers expect negotiation and have room to improve their initial offer.
Final Review & Signing
Once terms are agreed upon, we ensure the final agreement complies with all legal requirements and protects your interests. After signing, you still have 7 days to revoke if you change your mind.
Post-Agreement Compliance
We help ensure your employer follows through on all promises — severance payments, benefit continuations, and positive references. If disputes arise about the agreement's terms, we're here to enforce your rights.
Questions
Frequently
asked
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No, you are never required to sign a separation agreement. These are voluntary contracts where you trade legal rights for compensation. If you don't sign, you lose the severance package but keep your right to pursue legal claims. The decision depends on the strength of your potential claims versus the value of what's offered.
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Under federal law, workers over 40 must be given at least 21 days to consider the agreement (45 days for group layoffs). Even after signing, you have 7 days to revoke your decision. Employers cannot pressure you to sign before these deadlines, and any attempt to do so may invalidate the agreement.
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Yes, separation agreements are contracts and most terms are negotiable. Common areas for negotiation include severance amount, benefit continuation, reference letters, non-compete restrictions, and confidentiality clauses. Employers often expect negotiation and build flexibility into their initial offers.
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Generally, valid separation agreements prevent you from pursuing most employment-related claims, which is why legal review before signing is crucial. However, certain claims like workers' compensation, unemployment benefits, and some whistleblower protections cannot be waived. If the agreement was signed under duress or doesn't comply with legal requirements, it may be challengeable.
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New Jersey recently restricted non-compete agreements significantly. For most employees, non-competes are only enforceable if you earn over $103,000 annually and receive adequate consideration. Even then, they must be reasonable in scope, duration, and geography. Many non-compete clauses in separation agreements are overly broad and unenforceable.
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We offer transparent, upfront pricing for separation agreement reviews — typically a flat fee or short hourly consultation. Given that these agreements often involve thousands of dollars in severance and waive potentially valuable legal rights, the cost of legal review is usually a small fraction of what's at stake.
Free Consultation
Get legalreview
Tell us what happened. We'll give you an honest assessment - no pressure, no obligation, and no fee unless we recover for you. We're available by phone or at our offices, and we're happy to meet you wherever is most convenient.
Call Us Directly
(973) 401-0064