If your employer just handed you a severance agreement, here’s the most important thing to know: don’t sign it yet. In Florida, a severance agreement is a trade — the company gives you money, and in return you usually give up your right to sue for things like discrimination, harassment, or wrongful termination. You can often negotiate for more, and signing too fast can cost you a claim worth far more than the severance. Here’s what to check first.
Do you have to accept a severance agreement?
No. Severance is almost never required by law in Florida — your employer offers it voluntarily, in exchange for something. That “something” is your signature on a release. Because it’s an offer, it’s a starting point, not a final answer. You can ask questions, ask for changes, or ask for more.
The catch: what you’re actually giving up
Buried in nearly every severance agreement is a release of claims — language where you promise not to sue the company for anything that happened during your employment. That can include:
- Discrimination or harassment (race, sex, age, disability, pregnancy, religion, national origin)
- Retaliation or wrongful termination
- Unpaid wages, overtime, commissions, or bonuses
This is the part people miss. If you were pushed out for an illegal reason, the claim you’d be giving up may be worth more than the severance check. That’s why the release deserves a careful look before you sign — not after.
Can you negotiate a severance agreement in Florida?
Usually, yes — especially if you have a potential legal claim. Not every term is negotiable, but employees negotiate severance all the time. Things that are often on the table:
- The amount — more weeks of pay, or a lump sum.
- Health insurance / COBRA — the company covering premiums for a period.
- A neutral reference and an agreed departure explanation.
- Non-disparagement that runs both ways (not just you promising to stay quiet).
- Narrowing or removing a non-compete or non-solicit clause.
- Timing — how and when you’re paid, and unemployment eligibility.
The stronger your potential claim, the more leverage you have.
If you’re 40 or older, you have extra protections
Federal law (the Older Workers Benefit Protection Act) adds safeguards when a severance asks you to waive age-discrimination claims. If you’re 40 or older, you generally must be given:
- At least 21 days to consider the agreement (or 45 days if it’s part of a group layoff), and
- 7 days to revoke after you sign — a window that can’t be taken away.
If the agreement pressures you to sign on the spot, that’s a red flag.
Red flags to check before you sign
- A very broad release that waives claims you didn’t know you had.
- A non-compete or non-solicit clause that limits your next job.
- A strict confidentiality or non-disparagement clause with penalties.
- Language that has you give up unpaid wages, earned commissions, or accrued PTO you’re already owed.
- A short deadline designed to make you sign before you can think.
Should you have a lawyer review it first?
If the severance is small and there’s no hint of anything unfair, a quick review may be all you need. But get it reviewed before you sign if any of these apply: you suspect you were let go for a discriminatory or retaliatory reason, the numbers feel low, there’s a non-compete, or you’re being rushed. A short review can tell you whether you’re leaving money — or a real claim — on the table.
What to do next
- Don’t sign yet. Note the deadline the employer gave you, but don’t treat it as final.
- Save everything — the agreement, your offer letter, reviews, emails, and anything about why you were let go.
- Ask for time if you need it, especially if you’re 40 or older.
- Get it reviewed before the clock runs out.
We’ve helped dozens of employees negotiate their severance for significantly more than the first offer — including a recent matter where we secured a client an additional $15,000. Past results don’t guarantee a similar outcome, and every agreement is different, but a careful review can change what you walk away with.
At WLT Law Firm, we review and negotiate severance agreements for employees in Fort Lauderdale and across Broward County. Call 954-905-9863 or 866-GET-WALI (866-438-9254), or learn more on our Fort Lauderdale employment page.
Can I negotiate my severance in Florida?
Often, yes — especially if you may have a legal claim. The amount, benefits, references, non-disparagement, and non-compete terms are all commonly negotiated. Get advice before you counter.
What am I giving up when I sign a severance agreement?
Usually your right to sue the company — including for discrimination, harassment, retaliation, wrongful termination, and sometimes unpaid wages. That's why the release is the most important part to review.
How long do I have to sign a severance agreement?
Your employer sets a deadline, but if you're 40 or older, federal law generally gives you at least 21 days to consider it (45 in a group layoff) and 7 days to revoke after signing.
Does severance affect my unemployment benefits in Florida?
It can affect the timing or amount of reemployment assistance depending on how it's paid. It's worth confirming before you agree to the payment structure.
Do I need a lawyer to review my severance agreement?
Not always for a small, straightforward offer — but have it reviewed before you sign if you suspect you were let go for an illegal reason, the amount seems low, there's a non-compete, or you're being rushed. Once you sign the release, it's very hard to undo.
This article is general information about Florida and federal employment law, not legal advice. Every situation is different — speak with a qualified attorney about your specific circumstances.
Related: Before you sign, talk to our Fort Lauderdale wrongful termination lawyer about your rights.