Ohio Severance Agreement Lawyers

A severance agreement is usually the last important document you sign with an employer. It decides how much you are paid, what happens to your bonus and equity, what you can say and where you can work next, and it almost always asks you to give up legal claims. Mansell Law reviews and negotiates severance agreements for Ohio employees and executives, and we help clients understand what they are giving up before they sign.

Is Severance Required in Ohio?

Ohio law does not require private employers to offer severance. Severance is usually paid because a company policy or employment agreement promises it, or because the employer wants a release of claims in exchange. That exchange is what creates room to negotiate: the more risk a departure carries for the employer, the more a release is worth.

What a Severance Agreement Typically Covers

• Severance pay amount and timing (lump sum or salary continuation)
• Treatment of bonus, commissions and incentive pay
• Vesting, exercise windows and forfeiture of equity awards
• Health insurance, including COBRA premium payments
• A general release of claims against the company
• Non-compete, non-solicitation and confidentiality obligations (see Non-Compete Agreements)
• Non-disparagement and agreed references
• Cooperation, return of property and clawback terms

Rights for Employees 40 and Older

The Older Workers Benefit Protection Act, part of the federal Age Discrimination in Employment Act (29 U.S.C. 626(f)), sets requirements for a valid waiver of age discrimination claims. Among other things, the agreement must be written in understandable language, advise you in writing to consult an attorney, and give you at least 21 days to consider it (45 days when the offer is part of a group termination program), plus 7 days after signing to revoke. Group terminations also require disclosure of the job titles and ages of those selected and not selected.

When You May Have Leverage

Your negotiating position is often stronger than the first offer suggests, particularly when:

• The termination followed a complaint, medical leave, pregnancy or a protected report
• There are signs of age, sex, race or other discrimination in who was selected
• You are owed earned commissions, bonus or equity that the agreement would forfeit
• An employment agreement defines “cause” or severance terms the company is not following
• The company needs your cooperation, transition help or a smooth departure

How Mansell Law Negotiates Severance

1. Review the agreement, your employment and equity documents, and the circumstances of the separation
2. Identify claims and contract rights that give the release value
3. Recommend a negotiation strategy that fits your goals and timeline
4. Negotiate pay, equity, benefits, restrictive covenants, references and release language
5. Make sure the final agreement says exactly what was agreed

For senior leaders, see our Ohio Executive Employment page and Executive Severance Negotiations.

Frequently Asked Questions

Should I sign right away?

Rarely. Take the time the agreement allows, and have it reviewed before the deadline.

Can I negotiate if the offer is “standard”?

Often, yes. Standard offers are frequently adjusted when there are claims, contract rights or other leverage.

Will negotiating cause the offer to be withdrawn?

It can happen, which is why strategy and tone matter. A lawyer can help you weigh the risk before you ask.

Can I still collect unemployment?

Severance can affect the timing of Ohio unemployment benefits. Ask about this before signing.

Talk With an Ohio Severance Lawyer

Call Mansell Law at (614) 610-4134 for a free case evaluation before you sign, or use our contact form.

Related pages: Wrongful Termination, Non-Compete Agreements, Executive Severance Negotiations, Employment Contracts.