California Severance Review Checklist

Separate severance from pay already owed

Identify final wages, accrued vacation, earned commissions and expense reimbursement separately from additional separation consideration. Different legal rules can apply. Do not assume every amount described in a separation packet is optional severance.

Compare the payment schedule, conditions, tax language and any offset or repayment clause. An attorney can explain what is disputed and what should be treated as a separate wage obligation.

Read the release and continuing obligations

Identify the parties released, claims covered, confidentiality, non-disparagement, cooperation, return-of-property, reference and no-rehire terms. California law limits certain restrictions, but the precise language and context need review.

An agreement can also include arbitration, equity, restrictive-covenant or benefit terms. Bring related employment agreements and plan documents; an attachment or incorporated policy can change the practical effect.

Check the signing and revocation rules that actually apply

Federal age-discrimination waivers and some group programs carry particular requirements. California rules may impose separate conditions. Do not rely on one standard deadline for every separation.

Record when you received each version, the employer's stated deadline and any later changes. A request for review does not by itself extend a deadline, and signing can change available claims.

Prepare focused questions for an attorney

Ask which rights the draft affects, whether there are potential employment claims to evaluate, which terms are negotiable and what further work is outside the initial review. A review does not promise an increased payment.

Corcoran Smith Law quotes defined consultation and assessment work individually. Continued negotiation or litigation requires its own agreed scope and engagement terms.

Records to prepare

• 01Complete agreement, exhibits and every revised draft.
• 02Receipt dates, signing instructions and deadline communications.
• 03Employment, equity, commission and benefit documents.
• 04Separation timeline and records of any underlying workplace concern.

Questions about this topic

Sources and further reading

Use the linked authority for its stated subject. Firm biographies and service descriptions establish what the firm publishes; they are separate from statutes, agency guidance and State Bar licensing records.

• 01EEOC: understanding severance waiversPrimary source for the rules and limits discussed on this page.
• 02California Business and Professions Code section 16600Primary source for the rules and limits discussed on this page.
• 03Labor Commissioner: paydays and final payPrimary source for the rules and limits discussed on this page.

Related guidance and next steps