A severance agreement is presented as a final document — sign it as written or walk away. It rarely is. Companies build in flexibility on every clause that matters: severance amount, equity acceleration, release scope, non-disparagement reciprocity, and post-employment restrictions. Scrutr reads the agreement, identifies what's standard and what's not, and gives you the redlines and the counter-offer email that turn a take-it-or-leave-it document into a negotiation.
What Scrutr looks for in a severance agreement
Scrutr's severance review checks the six clauses that decide whether the agreement is fair: severance amount and payment structure (lump sum vs salary continuation), release scope (does it release ADEA / FLSA / state law claims), non-disparagement reciprocity (mutual or one-way), equity treatment (acceleration, exercise window, forfeiture), post-employment restrictions (non-compete, non-solicit, garden leave), and reference language. Each is scored against market benchmarks for the role, tenure, and circumstances.
The release scope clause — read this one twice
The release is the heart of the agreement. The company is paying for finality. But the standard form often releases more than the company actually needs: every employer at the company, every officer, every subsidiary, every claim under every law, including claims you don't even know about yet. Scrutr flags: ADEA-specific language (required for employees 40+, with a 21- or 45-day consideration window and 7-day revocation), claims explicitly preserved (workers' comp, vested benefits, indemnification), and any unusual scope expansion.
Non-disparagement — make it mutual or carve out exceptions
Most severance agreements include a one-way non-disparagement: you can't speak negatively about the company, but the company can say whatever it wants about you. This is negotiable. Scrutr flags one-way clauses and suggests two standard fixes: make the obligation mutual (binding on the company's officers and HR), or carve out specific exceptions (truthful statements in legal proceedings, statements to regulators, statements to spouse / counsel / accountant). The 'mutual or carve-out' ask is rarely refused.
Equity: acceleration, exercise window, and forfeiture
Most stock plans default to: unvested equity is forfeited on separation, vested options have 90 days to exercise. Both are negotiable in a severance context. Scrutr flags the default, identifies the size of the equity at stake, and suggests the standard asks: partial acceleration on unvested shares (especially in a layoff), extended exercise window (12 months is increasingly common), and tax-friendly structuring of any cash-out.
How Scrutr's severance review differs from an employment lawyer's review
An employment lawyer reviewing a severance agreement typically charges $750–$2,500 and takes 3–7 days. The output is a memo of asks. Scrutr produces the same risk analysis and the counter-offer email in 60 seconds, free for your first review. For very large severance packages or complex situations (alleged discrimination, whistleblower claims, executive packages with golden parachute terms), an employment lawyer is still appropriate. For the standard severance most employees see, Scrutr is what gets the negotiation started in time.