When your employment ends—whether through termination, layoff, or “restructuring”—you may be handed a severance agreement and told it’s “standard” or “non-negotiable.” In reality, a severance agreement is a legally binding contract that asks you to give up important rights in exchange for compensation.

In plain English, a severance agreement is the employer’s way of:

• Managing risk if they fear potential legal exposure
• Securing confidentiality about your employment and their internal practices
• Obtaining a waiver of claims, including discrimination, retaliation, harassment, wage violations, FMLA interference, ADA accommodations disputes, or whistleblower issues

Signing without legal review can cost you far more than you realize. You may unknowingly waive strong claims under Michigan law (ELCRA, PWDCRA, WPA) or federal protections like the ADA or FMLA. You may also accept payment far below what your leverage is worth.

At Batey Law Firm, we represent Michigan employees only—never employers. Since 1996, attorney Scott Batey has dedicated his practice to fighting for workers across the state.

If your employer wants your signature, you deserve to know exactly what you’re giving up—and what more you may be entitled to.

When You Should Call a Michigan Severance Agreement Lawyer

If You Were Fired or Laid Off

Michigan is an at-will state, which means employers can terminate employees for almost any reason—but not for illegal reasons, such as discrimination, retaliation, or punishment for protected activity.

Many employees assume the severance amount offered is fixed. In reality, severance is almost always negotiable, especially when the employer fears you may have a legal claim.

If your termination feels rushed, unfair, retaliatory, or connected to something you reported, your severance package may be worth significantly more than what was placed in front of you.

If You Were Offered a Severance Package After:

Probationary Termination

Sometimes used as a cover for discrimination or retaliation.

Performance Complaints or a Performance Improvement Plan (PIP)

PIPs frequently set up employees for termination—often after they’ve raised concerns or requested leave.

Internal Complaints: Harassment, Discrimination, or Retaliation

If you’ve spoken up about race, age, gender, religion, disability, LGBTQ+ bias, sexual harassment, safety violations, or illegal practices, your severance negotiation strategy changes dramatically.

Restructuring, Downsizing, or Layoffs

Even in genuine economic layoffs, employers routinely negotiate severance terms because they want:

• a clean break
• no future lawsuits
• confidentiality protections
• quick resolution

If You Feel Pressured to Sign Quickly

Employers often impose artificial deadlines to push employees into signing. But Michigan employees have the right to request more time, and attorneys routinely secure extensions—especially when claims may exist.

Deadlines are rarely firm because employers want the release of claims.
If they want your signature, you have leverage.

What a Michigan Severance Review Includes

The Real Value of the Agreement

We determine whether your compensation is fair, and whether your circumstances justify significantly more. We evaluate:

• Salary continuation (how many weeks or months are appropriate)
• Lump-sum payments
• Bonuses or unpaid commissions you are owed
• Benefits continuation (medical, dental, vision)
• COBRA contributions
• PTO/vacation payout
• Outplacement services or job transition support

Many employees are shocked at how much more employers are willing to pay once an experienced Michigan employment attorney becomes involved.

Identifying Hidden Risks

Your severance agreement may be filled with provisions designed to limit your future options or expose you to penalties. We identify and correct clauses such as:

• Overly broad non-compete or non-solicit clauses
• Aggressive NDAs that silence you beyond what is reasonable
• One-way non-disparagement, where you can’t speak but the employer still can
• Intellectual property and ownership provisions claiming your work product
• Cooperation clauses requiring unpaid work after separation
• Liquidated damages or claw-back terms that punish minor violations

These clauses can follow you for years—sometimes costing you new job opportunities or exposing you to unnecessary legal risk.

Protecting Your Legal Rights Before You Waive Them

Michigan’s Elliott-Larsen Civil Rights Act (ELCRA)

Covers discrimination based on:

• Race
• Color
• Religion
• National origin
• Sex/gender
• Age
• LGBTQ+ status
• Disability

FMLA Interference or Retaliation

If you were disciplined, denied leave, or terminated after requesting medical or caregiving leave, your severance negotiation may involve substantial leverage.

ADA/PWDCRA Accommodation Issues

Michigan law (PWDCRA) and federal law (ADA) protect employees who request reasonable accommodations or return from medical leave.
If you were pushed out, restricted, or terminated, your severance may drastically undervalue your potential claims.

Whistleblower Protections (WPA & MIOSHA)

If you reported safety violations, illegal conduct, discrimination, or fraud, and your termination followed shortly thereafter, you may have a strong retaliation claim.

Wage / Hour or Overtime Violations

Severance agreements often attempt to wipe out unpaid wage or overtime claims—sometimes unlawfully.

What Severance Negotiation Looks Like

Increasing Compensation

How Attorneys Calculate Fair Severance Value

A seasoned employment lawyer evaluates your severance value the same way employers assess legal risk:

• length of service
• industry standards
• potential exposure under Michigan and federal law
• any history of discriminatory conduct or retaliation
• strength of documentation (emails, evaluations, complaints, timelines)

If the employer is offering 2–6 weeks, but your circumstances justify 3–6 months—or more—your attorney will make that clear during negotiations.

When Emotional Damages or Retaliation Risk Adds Leverage

If your termination connects to:

• a complaint you made
• medical leave
• disability accommodations
• reporting discrimination
• reporting safety violations
• performance issues that suddenly arose after protected activity

…your negotiation power increases significantly. Employers want to avoid litigation—especially discrimination, harassment, or whistleblower claims—because these cases can be high-exposure and public.

Fixing Unfair Contract Terms

Negotiation isn’t just about money. Many agreements include terms that can restrict your career, harm your reputation, or expose you to liability. We correct those immediately.

Narrowing Restrictive Covenants

Michigan courts scrutinize overly broad non-compete or non-solicit clauses.
We push to:

• shorten the duration
• reduce geographic limits
• narrow prohibited activities
• remove unreasonable restrictions that could block future employment

Securing Mutual Non-Disparagement

Employers often give themselves full freedom to speak but require the employee to remain silent.
We insist on mutual protection—or remove the clause entirely.

Removing Vague “Future Cooperation” Requirements

Some agreements require you to:

• answer questions
• assist with investigations
• participate in legal matters

without compensation or time limits.

We restrict these obligations—or eliminate them—to prevent future burdens.

Ensuring the Employer Cannot Badmouth You

Even a whispered negative reference can derail your next job search.
We secure:

• neutral reference language
• restricted internal disclosure
• HR-only communication requirements

We make sure your reputation is protected when you walk out the door.

Ensuring You Leave With Dignity and Protection

Your exit should support—not sabotage—your next career step. As part of negotiation, we secure:

Neutral or Positive References

We negotiate written reference terms so future employers hear only accurate and non-damaging information.

HR File Corrections

If your personnel file contains inaccurate write-ups, PIP entries, or retaliatory documentation, we work to have them removed or revised.

Clean Separation Documentation

A separation letter that states you are “eligible for rehire” or “left due to restructuring” can significantly improve your future job prospects.

Job Title Adjustments

If your employer used title inflation or deflation, we negotiate corrections that better reflect your actual responsibilities and help you in future searches.

Why Employers Usually Agree to Negotiate

They Want Finality and Risk Reduction

A signed release eliminates potential lawsuits—including discrimination, harassment, or retaliation claims.

They Know Their Initial Offer Is Not Their Final Offer

The first number is almost always low. Employers fully expect negotiation—especially when represented employees get involved.

They Fear Discrimination, Harassment, or Retaliation Claims

Once an attorney steps in, employers recognize the possibility of ELCRA, WPA, FMLA, ADA/PWDCRA, and wage claims.
Your leverage increases immediately.

They Expect Employees to Consult a Lawyer

Even if they say “this is standard,” they assume legal review will happen. Employers know a sophisticated employee-side attorney can reshape the agreement—and often prefer resolving issues quietly rather than facing future claims.

Take Control of Your Exit — Protect Your Future Today

When your employment ends, your financial security shouldn’t hinge on a document written entirely for your employer’s benefit. Before you sign anything, let Batey Law make sure your severance agreement protects your rights, your livelihood, and your next career move.

For nearly three decades, Batey Law Firm has helped Michigan employees negotiate stronger, safer severance agreements—often obtaining significantly better compensation and protections than originally offered.
If your employer wants your signature, you deserve to know exactly what you’re giving up—and what you stand to gain.

Contact Batey Law Firm, PLLC
📍 30200 Telegraph Rd., Suite 400, Bingham Farms, MI 48025
📞 248-540-6800

📧 sbatey@bateylaw.com

🌐 www.bateylaw.com