Employers present severance agreements on tight timelines for a reason. The urgency is designed to discourage careful review, and the initial offer is rarely the employer’s best position. Severance packages frequently contain negotiable terms on payment amount, benefit continuation, the scope of the release being signed, non-disparagement obligations, and reference arrangements, any of which can have significant practical consequences. Cohen Cleary reviews and negotiates severance, restrictive covenants such as non-compete and non-salutation, and other employment agreements for employees across Massachusetts and Rhode Island, ensuring clients understand what they are signing before they sign it.
Understanding Your Position Before You Sign
Most employees receive a severance agreement or employment contract at a moment of vulnerability. You have just been offered a new position with complex terms, or you have just learned your current role is ending. The documents in front of you are drafted by the employer’s legal team, structured to protect the employer’s interests, and presented with a deadline designed to discourage careful review. The same pressure applies to non-compete agreements and separation releases that restrict your future options.
That imbalance is the point. Employers know that urgency reduces negotiation. We tell our clients that almost every severance package we have reviewed contained negotiable terms, and the employer’s initial offer was rarely their best position. Before you sign a release of claims, accept restrictive covenant language, or agree to a non-compete, you need a severance negotiation lawyer who understands what these provisions actually mean for your career, your finances, and your legal rights.
How We Help by Reviewing and Negotiating Employment Documents
Cohen Cleary reviews, negotiates, and advises on the full range of employment documents that define your working relationship and your rights after separation.
Severance Agreement Review and Negotiation
We analyze the complete package: severance pay, benefits continuation, release of claims scope, non-disparagement clauses, reference terms, and restrictive covenants. We identify provisions that are overly broad or unenforceable and negotiate directly with employers to improve terms before you sign. Having an attorney review your severance agreement before the deadline expires is the single most important step you can take to protect your position.
Employment Contract Analysis
For executives and professionals entering new roles, we negotiate employment contract terms covering compensation structures, termination provisions, bonus and commission protections, equity vesting schedules, and change-of-control clauses. Protecting stock options, deferred compensation, and earned bonuses during transitions requires attention to language most employees overlook.
Non-Compete and Restrictive Covenant Review
Massachusetts imposes specific statutory requirements on non-competition agreements under G.L. c. 149, § 24L, including mandatory consideration, garden leave provisions, and scope limitations. We evaluate whether your agreement meets these requirements and advise on enforceability. For employees facing non-compete enforcement in Massachusetts, we assess exposure and develop a defense or negotiation approach.
Separation Agreement Counseling
When employment ends, we ensure that any release you sign is proportionate to the consideration offered and does not waive claims you may not yet recognize.
Why Choose Cohen Cleary
At Cohen Cleary, our practice teams combine deep subject-matter experience with disciplined execution and responsive client service. We do not take a one-size-fits-all approach. Every matter is handled with careful preparation, clear communication, and a strategy tailored to the client’s goals and the realities of the forum.
Clients choose Cohen Cleary because we deliver:
Practice-Focused Legal Experience
Our attorneys work in defined practice areas, allowing us to develop practical insight into the legal, procedural, and regulatory nuances that matter most in each case. This focus allows us to anticipate issues, avoid unnecessary delays, and position matters for efficient resolution.
Clear Guidance and Proactive Communication
We prioritize clarity at every stage. Clients receive straightforward explanations of their options, timely updates on developments, and practical advice grounded in real-world outcomes.
Strategic Advocacy with Trial Readiness
Whether a matter calls for negotiation, mediation, or litigation, our attorneys prepare every case with discipline and foresight. We pursue efficient resolution when possible and are fully prepared to advocate aggressively when necessary to protect our clients’ interests.
Regional Knowledge and Local Presence
With offices throughout Massachusetts and experience across New England courts and agencies, we bring local insight and regional reach to every matter.
Client-Centered Service
We treat every matter with urgency and respect. Our clients rely on us for responsive service, sound judgment, and steady counsel through complex legal challenges.
In our employment law practice, this approach helps clients navigate employment transitions with clarity, efficiency, and confidence.
Our Approach to Massachusetts Employment Agreement Law
Massachusetts employment law creates specific protections that directly affect the enforceability of severance terms, non-competes, and employment agreements. Our attorneys apply this framework from the first document review.
Under G.L. c. 149, § 24L, non-competition agreements must be supported by independent consideration (such as garden leave payments or other mutually agreed consideration) when presented to an existing employee. The statute also requires that non-competes be no broader than necessary to protect legitimate business interests, and it mandates a garden leave clause providing at least 50% of the employee’s highest annualized base salary. Agreements that fail to meet these requirements face judicial scrutiny that frequently results in modification or invalidation. We review every restrictive covenant against these statutory benchmarks before advising clients on enforceability and negotiation strategy.
Representing Employees In Massachusetts and Rhode Island
Cohen Cleary represents employees in severance and employment agreement matters throughout Massachusetts and Rhode Island, with offices in Taunton and Plymouth. Our attorneys regularly handle matters involving employers headquartered across southeastern Massachusetts, Greater Boston, and the broader New England region. Non-compete disputes in this practice area frequently involve emergency motions in Massachusetts Superior Court, where familiarity with county-level procedural expectations and local scheduling practices matters. Our geographic presence across Bristol County, Plymouth County, and Norfolk County courts provides practical advantages when enforcement actions demand immediate response and prepared advocacy.
Schedule a Consultation With a Massachusetts Severance Agreement Attorney
If you have received a severance agreement, employment contract, or non-compete and need experienced guidance before signing, contact Cohen Cleary for a consultation. Our severance negotiation and employment law attorneys work with employees throughout Massachusetts and Rhode Island to review, negotiate, and protect their interests during employment transitions.
Frequently Asked Questions About Employment Agreements
Do I have to accept my employer’s severance offer as presented?
No. Severance agreements are negotiable. Employers draft initial offers to minimize their exposure, but the terms covering severance pay, benefits duration, release scope, non-disparagement language, and reference provisions can often be improved through informed negotiation. An employment contract lawyer can identify which terms have room for adjustment and what leverage you hold based on your specific circumstances.
Can my employer enforce a non-compete agreement in Massachusetts?
Not necessarily. Massachusetts law imposes specific requirements on non-competition agreements, including adequate consideration, a garden leave provision, and a reasonable scope. A non-compete attorney can evaluate your agreement against the statutory framework under G.L. c. 149, § 24L and advise whether the restrictions are likely enforceable or vulnerable to challenge.
What should I look for in a severance agreement before signing?
Key provisions to evaluate include the severance payment amount and schedule, the scope of the release of claims (which determines what legal rights you are waiving), any non-compete or non-solicitation restrictions, non-disparagement clauses, benefits continuation terms, and reference language. Employees over 40 have specific rights under federal law, including a 21-day review period and a 7-day revocation period that cannot be shortened.
How do I protect bonuses, commissions, or stock options during a job transition?
Compensation beyond base salary requires careful attention during any employment transition. Vesting schedules, acceleration clauses, clawback provisions, and the treatment of earned but unpaid commissions depend on specific language in your employment agreement and equity plan documents. We review these provisions to ensure that the compensation you have earned or are on track to earn is properly addressed in any severance or transition agreement.
