# Severance agreement review
> Source: https://legalcode.md/skills/legalcode-severance-agreement-review | [HTML version](https://legalcode.md/skills/legalcode-severance-agreement-review)

Reviews severance and separation agreements for legal sufficiency, OWBPA/ADEA compliance, and employer liability exposure.

Reviews severance and separation agreements for legal sufficiency, OWBPA/ADEA compliance, and employer liability exposure. Use when evaluating a severance, separation, settlement, release, or departure agreement for any employee aged 40+ (OWBPA/ADEA waiver compliance), any group or RIF-related separation (45-day period, group informational disclosure), or any individual termination requiring release of claims. Covers: OWBPA 7-factor knowing-and-voluntary analysis (29 U.S.C. § 626(f)); 21-day vs. 45-day consideration period determination; non-waivable 7-day revocation window; group termination age/title disclosure requirements; ADEA-specific release language; release scope and overbreadth (Title VII, ADA, ADEA, FLSA, state law); consideration adequacy (earned wages, ERISA vested benefits, additional value); non-compete and non-solicitation enforceability in the post-employment context (CA/MN/ND/OK bans, FTC rule vacatur Aug 2024); non-disparagement and confidentiality compliance under NLRB McLaren Macomb (2023) and SEC Rule 21F-17(a) whistleblower anti-impediment rules; protected-rights carve-out completeness (EEOC charge filing, SEC/CFTC whistleblower awards, workers' compensation, unemployment, ERISA vested benefits); cooperation obligation scope and duration; return of property; reference provisions; state-specific restrictions on NDA/non-disparagement for harassment and discrimination claims (CA SB 331, WA HB 1795, NY S.B. 4516, NJ Supreme Court 2024, IL HB 3638). Produces GREEN/YELLOW/RED classification with confidence-scored employer-exposure findings and Glass Box audit trail. Jurisdiction: US-primary with [JURISDICTION-SPECIFIC] markers for UK, Australia, EU, and Canada.

This skill reviews severance, separation, release, and departure agreements clause by clause. It identifies provisions that create employer liability, invalidate the ADEA waiver, or conflict with mandatory legal requirements. It classifies each issue as GREEN (legally sufficient), YELLOW (legally questionable / needs revision), or RED (legally invalid / creates liability), produces actionable remediation language, and generates a Glass Box audit trail. **Covers:** - OWBPA/ADEA compliance analysis — the full 7-factor knowing-and-voluntary test (29 U.S.C. § 626(f)); 21-day vs. 45-day consideration period determination; non-waivable 7-day revocation period; group termination written disclosure (ages and job titles of all selected and non-selected employees in the decisional unit) - Release of claims scope — breadth, overbreadth, EEOC/government agency carve-outs, California § 1542 unknown-claims waiver, future-claims prohibition, FLSA waivers - Consideration adequacy — separation pay vs. wages already owed, ERISA vested benefits, timing of execution (pre- vs. post-termination), and additional value analysis - Non-compete and non-solicitation enforceability in the severance context — ban-state screening (CA, MN, ND, OK), separate-consideration requirement, FTC rule status, blue-pencil / reformation doctrine, garden leave - Non-disparagement and confidentiality provisions — McLaren Macomb (NLRB 2023) compliance, defamation-standard limitation, protected-activity carve-outs, SEC Rule 21F-17(a) anti-impediment requirements, state NDA restrictions for discrimination and ...

## Jurisdictions

Global



---
*Legalcode -- legalcode.md*