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Employment

What Executives Should Negotiate Before Signing a Severance Agreement

By Dr A. Aladekomo 1 min read

Release language, equity treatment, and cooperation clauses carry more weight than the headline number.

Executives often focus on the severance multiple and miss the terms that determine what life looks like after signing.

Equity acceleration

Will unvested options or RSUs continue vesting, accelerate on a change of control, or simply expire? Get the treatment in writing, including what happens if a new employer triggers a bad-actor provision.

Cooperation and nondisparagement

Mutual nondisparagement is standard; one-sided cooperation clauses that require you to testify for years are not. Narrow the scope and duration.

Benefits continuation

How many months of COBRA subsidy, and does the clock start at separation or after the release period? The distinction can be worth five figures.

Restrictive covenants

A non-compete you sign at separation may be far broader than your original employment agreement. Push for a reasonable geography and scope — and know your state's enforceability rules.

Timing of the release

You generally have 21 to 45 days to consider a release, and seven days to revoke it. Anyone pressuring you to sign faster than the law allows is creating leverage you should refuse to give.

Read the whole agreement, not the term sheet. The term sheet is a summary; the agreement is the deal.

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