Separate the different payments

Make a list of final wages, expenses, commissions, benefit information, and proposed severance. Ask which amounts are already owed and which are offered in exchange for new commitments. The EEOC explains that a discrimination waiver requires consideration beyond existing entitlements. Whether a particular payment is owed can depend on state law, employment terms, and the facts of the departure.

Understand the release

A release may cover a wider range of claims than the issue discussed in a termination meeting. Identify the people and entities it protects and the period it covers. Ask a qualified employment lawyer which rights may be waived and which cannot. EEOC guidance distinguishes a private release from the right to file an agency charge or participate in an investigation.

Read the continuing obligations

Look for confidentiality, non-disparagement, cooperation, property return, and restrictions on future work. Their meaning and enforceability require current, situation-specific review. Create a list of practical questions: may you describe your role in an interview, keep personal employment records, or speak to a regulator? Do not rely on an informal assurance that conflicts with the written document.

Clarify timing and conditions

Record when you received the agreement and the requested response date. Some age-discrimination waivers have specific federal review and revocation requirements; those protections do not establish a universal timetable for every offer. Ask when payment becomes due, what must happen first, and what happens if terms change. Seek advice promptly if the proposed timetable leaves little room for review.

Keep a complete exit file

Collect the offer, employment agreement, compensation records, benefits notices, and relevant correspondence you are lawfully entitled to retain. Do not take confidential business files to strengthen your position. Write down questions about references, insurance, taxes, and unemployment separately because these can involve different rules or advisers. Save the final signed version and any later written amendments together.

Keep this in mind

Your preparation list.

  • Distinguish earned pay from additional severance.
  • Mark every release and continuing restriction.
  • Confirm review, revocation, and payment dates.
  • Get advice before accepting unclear terms.

Reference point: U.S. Equal Employment Opportunity Commission, Understanding Waivers of Discrimination Claims in Employee Severance Agreements. State law and other federal protections may also matter. Reviewed September 30, 2026.

General information for U.S. readers. Local law and your circumstances determine the appropriate next step.