Colorado Severance Agreement Attorney
You were handed a severance agreement. Maybe HR walked it across the table during your exit meeting. Maybe it landed in your inbox an hour after you were told the position was being eliminated. Either way, there’s a number on the page, a signature line, and a deadline.
Before you sign, talk to a Colorado severance agreement attorney. The number your employer first offers is rarely the best number you can get — and the language buried in the rest of the document can quietly cost you far more than the check is worth.
At Elkus & Sisson, P.C., we review and negotiate severance agreements for Colorado employees. We read every clause, identify the legal claims you may be releasing, and push back where the agreement is one-sided. Call 303-952-8044 to have your severance reviewed before the deadline runs out.
Why a Severance Agreement Review Matters in Colorado
A severance agreement is not a thank-you gift. It is a contract — drafted by your employer’s lawyers — designed to protect the company. In exchange for a payment, you typically give up your right to sue. That trade-off can be fair, generous, or deeply lopsided depending on the language.
Most Colorado employees see a severance agreement only once or twice in a career. Employers see them constantly and know exactly which clauses to push. That asymmetry is the entire reason it is worth having an employment severance attorney in Colorado read the document before you sign.
A careful review answers four questions:
- What legal claims am I giving up, and what are those claims actually worth?
- Is the severance amount in line with my tenure, salary, and the circumstances of my departure?
- What restrictions does this agreement place on my future — non-competes, non-solicits, non-disparagement, confidentiality?
- Are there terms I can negotiate, and what leverage do I have right now?
What Our Colorado Severance Review Lawyers Look For
Every severance agreement is different, but the same handful of provisions tend to do the most damage when they go unchallenged. When we review a severance agreement for a Colorado employee, here’s what we focus on:
1. The Release of Claims
This is the heart of the agreement. A general release typically waives every claim you might have against the employer — known and unknown — including wrongful termination, discrimination, harassment, retaliation, wage-and-hour violations, and breach of contract. If you have a real claim under the Colorado Anti-Discrimination Act (CADA)[1], Title VII[2], the AD[3], the ADEA [4], the FMLA[5], or Colorado wage law[6], that claim has a dollar value. Signing the release for whatever your employer offered first often means you sold a serious legal claim for far less than it was worth.
2. The Severance Amount and Structure
Is the payment lump-sum or salary continuation? Does it preserve health benefits or COBRA contributions? Does it line up with what employees at your level, tenure, and role typically receive in Colorado? We benchmark the dollar figure against the strength of your potential claims and the leverage you actually have.
3. Non-Compete and Non-Solicitation Clauses
Colorado law sharply restricts non-compete agreements under C.R.S. § 8-2-113[7]. Most non-competes are void unless the employee meets the “highly compensated worker” threshold and the agreement is properly drafted. Even then, the restrictions must be reasonable in scope, geography, and duration. We flag overbroad or unenforceable non-competes and push to narrow or remove them — so the severance check doesn’t come with a clause that quietly blocks your next job.
4. Non-Disparagement and Confidentiality
Many severance agreements require you to stay silent about the company — sometimes including the existence of the agreement itself. We look at whether the restriction is mutual (does the employer agree not to disparage you?), whether it includes carve-outs for protected activity such as reporting unlawful conduct to the EEOC, the Colorado Civil Rights Division, or the NLRB, and whether the language could later be used against you in a reference call.
5. Unpaid Wages, Bonuses, Commissions, and PTO
Under the Colorado Wage Act, earned wages, commissions, and accrued vacation are owed to you regardless of any severance agreement. We make sure the agreement does not treat earned compensation as part of the severance “consideration” — because in Colorado, your employer owes you those amounts either way.
6. The Review Period and the OWBPA
If you are 40 or older, federal law (the Older Workers Benefit Protection Act)[8] requires specific procedural protections before you can waive an age discrimination claim — including 21 days to consider the agreement, 7 days to revoke, and certain disclosures in group layoffs. If those requirements are missing, the release of your age discrimination claim may not be valid — and that’s leverage in negotiation.
7. References, Unemployment, and Resignation Language
How will the employer describe your departure to future employers? Will they contest unemployment? Is the agreement structured as a resignation or a termination? These details affect what happens after the check clears.
Don't Sign Until a Colorado Severance Lawyer Reviews It
Once your signature is on the page, your leverage is gone — and every provision above becomes permanent. Request a confidential severance review before your deadline runs out.
When to Call a Colorado Severance Agreement Attorney
The best time to call is before you sign — and ideally as soon as the agreement is in your hands. Many agreements give you 21 or 45 days to review (or 7 days to revoke after signing), but the practical leverage you have to negotiate fades the longer you wait. Some situations make legal review especially important:
- You suspect the termination was unlawful. Discrimination based on age, race, sex, pregnancy, disability, religion, or national origin; retaliation for reporting harassment, wage theft, or safety violations; FMLA interference; or termination in violation of Colorado public policy all carry real legal value that a release would extinguish.
- You’re part of a group layoff or RIF. Mass layoff disclosures under the OWBPA and possible WARN Act[9] issues change the calculus, and patterns across the affected group can reveal discrimination claims you wouldn’t see on your own.
- The agreement includes a non-compete or broad non-solicit. Colorado’s 2022 amendments to C.R.S. § 8-2-113 make most non-competes unenforceable. You may be agreeing to a restriction that has no legal force — but that you’ll still feel pressure to honor.
- The severance feels low for your tenure or salary level. Executives, senior managers, and long-tenured employees frequently leave significant money on the table by accepting the first offer.
- You have unpaid bonuses, commissions, equity, or PTO at stake. These are often the largest dollars in play, and they’re easy to lose if the agreement isn’t written carefully.
- You’re being asked to sign quickly. Pressure to sign “today” is itself a signal worth taking seriously.
How Our Severance Agreement Review Process Works
We’ve designed our severance review to be fast, practical, and focused on getting you a better outcome — not on running up a bill.
- Initial consultation. We talk through the circumstances of your departure, your role and tenure, your compensation, any concerns about how you were treated, and the deadline you’re working against.
- Document review. Our employment severance attorneys read the agreement line by line, identify the legal claims being released, and flag every term that affects your future — from non-competes and non-disparagement to tax structure and reference language.
- Claim valuation. We assess whether you have viable claims under CADA, Title VII, the ADA, the ADEA, the FMLA, the Colorado Wage Act, or other statutes — and what those claims are realistically worth in negotiation or litigation.
- Strategy and negotiation. We give you a clear picture of what to ask for and why. When you want us to negotiate directly with your employer or their counsel, we do — often increasing the severance amount, narrowing restrictive covenants, adding mutual non-disparagement, securing references, or carving out specific claims.
- Signature on your terms. We don’t sign for you. We make sure that when you do sign, you understand exactly what you’re agreeing to and what you’re receiving in return.
What’s Actually Negotiable in a Colorado Severance Agreement?
Employees often assume severance is take-it-or-leave-it. It rarely is. With the right leverage, the following are routinely negotiable:
- The severance amount itself (lump sum or weeks/months of pay)
- Continuation of health benefits or employer-paid COBRA
- Treatment of unvested equity, RSUs, or stock options
- Payment of earned bonuses, commissions, or incentive comp
- Removal or narrowing of non-compete restrictions
- Scope and duration of non-solicit clauses
- Mutual (rather than one-way) non-disparagement
- A neutral or positive reference and agreed-upon departure narrative
- Carve-outs for protected agency reports (EEOC, CCRD, NLRB, SEC)
- Whether the employer will contest unemployment benefits
- Tax allocation between wages and emotional-distress damages
- Indemnification and continued D&O coverage for departing executives
Who We Represent
Our Colorado severance review lawyers work with employees at every level — hourly workers, salaried professionals, mid-level managers, senior executives, and C-suite leaders. We represent people leaving employers in tech, healthcare, finance, construction, government contracting, energy, professional services, and beyond.
We also represent employers who need severance agreements drafted, reviewed, or negotiated on the other side of the table. That two-sided experience matters: we know how the documents are built because we’ve built them, and we know where the give is because we’ve given it.
Severance Representation Across Colorado
Our office is located at 7100 E Belleview Ave, Suite 101, Greenwood Village, CO 80111 — just off I-25 and convenient to the Denver Tech Center, Denver, Centennial, Lone Tree, Englewood, Aurora, and Littleton. We represent employees across the Front Range, including Boulder, Colorado Springs, Fort Collins, Lakewood, and the broader Denver-metro area, and we handle severance reviews remotely for clients throughout Colorado.
Why Choose Elkus & Sisson, P.C.
Severance negotiations are not the place for general practitioners or out-of-state form letters. They are the place for trial lawyers who know employment law cold and who employers take seriously.
- Trial-tested employment litigators. Donald Sisson has tried more than 100 verdict cases across state, federal, and administrative forums. Reid Elkus has litigated complex employment, contract, and partnership disputes for individuals, small businesses, and large corporations. When we negotiate, the other side knows we will try the case if we have to.
- Deep Colorado employment law knowledge. We work in CADA, Title VII, the ADA, the ADEA, the FMLA, the Colorado Wage Act, the Colorado Healthy Families and Workplaces Act[10], and the 2022 amendments to C.R.S. § 8-2-113 every day. Colorado law has its own rules — your severance attorney should too.
- Both sides of the table. We represent employees and employers. That dual experience gives us a clearer read on what your employer’s counsel is actually willing to move on.
- Direct, strategic communication. You’ll know what your claims are worth, what the realistic outcome looks like, and what you’re trading away. No vague reassurances.
Frequently Asked Questions
How long do I have to review a severance agreement in Colorado?
It depends on the agreement and the circumstances. If you’re 40 or older and the agreement releases an age discrimination claim under the ADEA, federal law requires at least 21 days to consider (45 days in a group termination) and 7 days to revoke after signing. Outside the OWBPA, employers set their own deadlines — commonly 7 to 21 days. If you’re feeling rushed, that’s usually a signal to call an attorney sooner, not later.
Can I negotiate severance, or is the offer final?
In most cases, yes — the offer is a starting point, not a final number. Whether and how much you can move it depends on your tenure, role, the strength of any legal claims, and how the employer wants the exit handled. Many of our clients see meaningful increases in severance, removal of restrictive covenants, or better reference language after we get involved.
Will my employer know I hired a lawyer to review the agreement?
Not unless you want them to. In many cases we review the agreement, advise you, and you negotiate directly using our guidance. In other cases, we negotiate openly with the employer’s counsel — which is often the most effective approach, especially when there are meaningful legal claims in play. We talk through the right approach with you before doing anything.
Are non-competes in Colorado severance agreements enforceable?
Most are not. Under the 2022 amendments to C.R.S. § 8-2-113, most non-competes against Colorado workers are void unless the employee qualifies as a “highly compensated worker” and the restriction protects trade secrets or other narrow interests. Non-solicits face similar restrictions. Even when a clause looks scary, it often has no legal force. We’ll tell you which restrictions actually bind you and which don’t.
What if I already signed the severance agreement?
Call us anyway. If you’re within a revocation period (typically 7 days for ADEA-covered releases), you may still be able to revoke and renegotiate. Even outside a revocation window, certain claims — like unpaid wages under the Colorado Wage Act or claims for conduct that occurred after signing — generally cannot be waived. There may still be options.
How much does it cost to have a Colorado severance attorney review my agreement?
Fees depend on the complexity of the agreement and whether you want us to negotiate on your behalf. Many severance reviews are handled on a flat-fee or hourly basis, and the cost is frequently dwarfed by the additional severance, removed restrictions, or preserved benefits we secure. We’ll be upfront about cost and expected value before we start.
Talk to a Colorado Severance Agreement Attorney Before You Sign
The window to negotiate a severance agreement closes the moment you sign it. Once your signature is on the page, the leverage you had — the unsigned release, the deadline pressure on the other side, the unwaived claims — is gone. If a severance offer is in front of you, or you expect one is coming, get a Colorado severance review lawyer involved before that deadline runs out.
At Elkus & Sisson, PC our employment severance attorneys will review your agreement, identify every clause that matters, and tell you exactly what you can negotiate — from the severance amount itself to non-competes, references, and unpaid wages. We represent employees from our offices across Colorado. Don’t sign until you’ve had a Colorado severance agreement attorney look at the document.
Sources
[1] Colorado Anti-Discrimination Act (CADA), C.R.S. § 24-34-401 et seq. | https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-24.pdf
[2] Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. | https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
[3] Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. | https://www.ada.gov/law-and-regs/ada/
[4] Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. | https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
[5] Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq. | https://www.dol.gov/agencies/whd/fmla
[6] Colorado Wage Act, C.R.S. § 8-4-101 et seq. | https://cdle.colorado.gov/wage-and-hour-law
[7] Colorado Restrictive Employment Agreements, C.R.S. § 8-2-113 (as amended by HB 22-1317) | https://leg.colorado.gov/bills/hb22-1317
[8] Older Workers Benefit Protection Act (OWBPA), 29 U.S.C. § 626(f) | https://www.eeoc.gov/laws/guidance/understanding-waivers-discrimination-claims-employee-severance-agreements
[9] Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. § 2101 et seq. | https://www.dol.gov/agencies/eta/layoffs/warn
[10] Colorado Healthy Families and Workplaces Act (HFWA), C.R.S. § 8-13.3-401 et seq. | https://cdle.colorado.gov/hfwa
Donald Sisson
Reid Elkus
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If your employer has failed to pay wages you earned, denied your overtime, violated equal pay requirements, or withheld your final paycheck, contact Elkus & Sisson, P.C., today. Call 303-529-8552 or reach out online to schedule a confidential consultation. Our Colorado wage and hour attorneys will evaluate your situation, explain your rights under state and federal law, and help you pursue the remedies you deserve.
