Given the cost of having a lawyer review the agreement, it should be noted that only a few states require severance pay and those requirements are minimal. The employee does not want to have the severance pay consumed by legal fees, and it is unlikely that the amount of severance being offered is negotiable.

If the employee believes that there may be an unlawful reason for the termination -- such as discrimination based upon race, religion, color, sex, or age (>40) -- or if the employee believes that they may have a similar claim against the employer for its past conduct, the employee should consult a plaintiff-side employment lawyer before signing the agreement. If the lawyer believes that there is a possible tort claim that could be filed against the employer, the lawyer would likely review the release agreement as part of a free consultation and case review, and would advise the employee about options that would protect the employee's rights and avoid the inadvertent surrender of an employment discrimination (or similar) claim.