Quick Answer
Guide to Virginia severance agreements including release requirements, negotiation tips, and employee rights.
Quick Answer: Virginia employers aren't required to offer severance, but many do in exchange for releasing legal claims. With the Virginia Values Act expanding employee rights, severance releases may be more valuable. Understand what you're giving up before signing.
Know your rights before signing.
Severance Basics
Not Required
Key points:
- No Virginia law requires severance
- Voluntary employer decision
- Contract may require
- Policy may apply
Why Employers Offer
Reasons:
- Obtain release of claims
- Avoid VVA litigation
- Smooth transition
- Confidentiality
Typical Components
May include:
- Cash payment
- Benefits continuation
- Reference letter
- Non-disparagement
Release of Claims
What You're Releasing
Typically covers:
- VVA claims (discrimination)
- Wrongful termination
- Wage claims
- Contract claims
Virginia Values Act Claims
Now more valuable:
- Broader protections since 2020
- More covered categories
- No cap on compensatory damages
- Consider claim value
OWBPA (Age 40+)
Requirements:
- 21 days to consider
- 7-day revocation
- Must advise attorney consultation
Negotiating Severance
Everything Negotiable
Consider:
- Higher payment
- Extended benefits
- Better reference
- Non-compete modification
Leverage Points
Stronger if:
- VVA claims exist
- Institutional knowledge
- Senior position
- Transition needed
Key Terms
Non-Disparagement
Watch for:
- Scope
- Mutual or one-sided
- Exceptions
Confidentiality
Understand:
- What's covered
- Who can you tell
- Exceptions
Non-Compete
Review:
- Low-wage ban may apply
- Terms reasonable?
- Modified in agreement?
Common Scenarios
Scenario 1: Layoff
Situation: Standard severance offer.
Analysis: Negotiate improvements. Evaluate claims.
Scenario 2: Potential Discrimination
Situation: Believe VVA violation occurred.
Analysis: VVA claims valuable. Consult attorney.
Scenario 3: Low-Wage Worker
Situation: Severance includes non-compete.
Analysis: Non-compete likely unenforceable. May not need to agree.
Before Signing
Take Time
Don't rush:
- Use review period
- 21 days if 40+
- Request more if needed
Evaluate Claims
Consider:
- VVA discrimination?
- Wage issues?
- Contract violations?
Get Legal Review
Attorney can:
- Evaluate claim value
- Identify problems
- Negotiate better terms
Frequently Asked Questions
Is severance required?
No Virginia law requires it.
How valuable are VVA claims?
Potentially significant. No cap on compensatory damages.
Can I negotiate?
Yes, almost everything is negotiable.
Should I get a lawyer?
Recommended if potential claims or significant severance.
Related Topics
Take Action
If offered severance:
- Don't sign immediately
- Evaluate potential VVA claims
- Review all terms
- Consult attorney
- Negotiate improvements
Legal Disclaimer
This article provides general information about Virginia severance agreements and is not legal advice. For specific advice, consult a licensed Virginia employment attorney.