Executive Separation from Employment Agreements & Packages

Your Exit Is a Strategic Transaction

Executives do not “just get a pink slip.” An executive separation is a strategic transaction. It is often negotiated under time pressures where the written agreement can determine your financial runway, equity value, professional reputation, and future ability to work in your industry. In New York and New Jersey, separation and release agreements frequently contain restrictive covenants, broad waivers, and carefully drafted “final” terms that can follow you for years.

The Law Offices of Laurie Morrison represents executives, partners, and senior leaders throughout NY/NJ in the review and negotiation of separation agreements and packages. Whether your departure is framed as a restructuring, “without cause” termination, performance-related exit, or constructive discharge, we focus on securing terms that protect both your compensation and your long-term career mobility.

What We Analyze & Negotiate

We review separation agreements line-by-line and negotiate for improved terms, including:

  • Severance pay and continued salary – amount, timing, installment vs. lump sum, and conditions for payment
  • Equity treatment – vesting acceleration, exercise windows, treatment of RSUs/PSUs, and potential buyout of options 
  • COBRA and benefits continuation – premium coverage, duration, and treatment of executive-level benefits
  • Outplacement services -scope, duration, and flexibility to select a provider 
  • Reference terms and neutral references – written reference language, confirmation of titles/dates, and internal messaging
  • Non-compete and non-solicit enforcement – how to challenge overbroad restrictions under New York law and applicable New Jersey standards 
  • Confidentiality and mutual non-disparagement clauses – mutuality, carve-outs, and clear limits
  • Release of claims / waivers – including potential claims under the ADEA, NYSHRL, NYCHRL, Title VII, and other federal/state protections, as applicable
  • Tax treatment of severance payments – structure, timing, and planning considerations
  • Post-employment cooperation and consulting arrangements – scope, compensation, time limits, and liability protections

Executive-Specific Risks

Executives often face risks that do not appear on the page: reputational damage, “quiet” blackballing, industry gossip, and pressure to accept unfavorable terms to keep the exit discreet. A poorly drafted agreement can also create long-term constraints—such as restrictive covenants, expansive confidentiality provisions, or cooperation obligations that interfere with your next role.

We build protections into the written terms wherever possible, including clear reference language, mutual non-disparagement, narrowly tailored confidentiality provisions, and negotiated announcements—so you can control the narrative and transition strategically.

Why You Need Independent Counsel

Your employer will have experienced counsel drafting the agreement to protect the company and limit exposure. You deserve independent legal advice that centers your interests. Especially where equity, incentives, and restrictive covenants are at stake.

We evaluate the enforceability and real-world impact of key provisions, including the scope of non-competes, non-solicits, and confidentiality terms, and we advise on strategic timing (when to negotiate, when to request documents, and how to preserve leverage). We also help you avoid inadvertently waiving valuable rights through a broad release or signing under undue pressure.

Our Track Record

Attorney Laurie E. Morrison has extensive experience negotiating high-value separation packages and advocating for executives and senior employees under the New York Labor Law (NYLL), the Fair Labor Standards Act (FLSA), and the New York State Human Rights Law (NYSHRL). The firm’s work includes wage-and-compensation advocacy involving senior employees, including landmark litigation such as Hodes v. Pachter addressing important protections under New York Labor Law.

Where discrimination, retaliation, or harassment is part of the underlying story, we integrate that risk analysis into the negotiation so your separation terms reflect the full context of your departure.

We Can Help

Let us review your separation agreement before you sign. We offer confidential consultations for executives in New York and New Jersey. Contact us today!

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    New Jersey Office

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