What to Know Before Signing a Severance Agreement in Albuquerque
What to Know Before Signing a Severance Agreement in Albuquerque
When facing a job termination, you may be presented with a severance agreement. While it might be tempting to sign quickly—especially when a payout is involved—doing so without fully understanding the legal implications can lead to long-term consequences. At Silva & Associates, P.C., we help Albuquerque employees understand what they’re signing and whether the agreement protects their rights.
Key Considerations Before You Sign
1. You Might Be Waiving Important Rights
Most severance agreements include a release of claims, which means you may be giving up your right to sue your employer—even if you believe you were wrongfully terminated or discriminated against. Make sure you understand exactly what you’re releasing.
2. Review Non-Compete or Non-Disclosure Clauses
Some agreements restrict your ability to work in the same field or speak about your employment. These terms can seriously impact your future job opportunities and should be carefully reviewed for fairness and enforceability under New Mexico law.
3. Timing Matters
Federal law gives certain employees (like those over 40) at least 21 days to review a severance agreement and 7 days to revoke it after signing. Don’t feel pressured to sign on the spot—use your time to seek legal guidance.
4. Negotiation Is an Option
A severance agreement isn’t always take-it-or-leave-it. If the terms are not in your favor—such as the amount offered, the length of COBRA benefits, or restrictive clauses—an attorney can help you negotiate more favorable conditions.
5. Confidentiality Provisions Can Affect You
Be cautious with clauses that limit what you can say about your employer or your termination. These can even extend to discussing the terms of the severance agreement itself.
How an Employment Attorney Can Help
An employment attorney at Silva & Associates, P.C. can:
- Evaluate whether your severance offer is fair
- Identify any red flags in the agreement
- Help you negotiate better terms
- Protect your rights before you waive them
Before signing away your rights, schedule a consultation. A review could make a major difference in your financial and professional future.

