South Carolina Severance Agreement Analyzer

South Carolina doesn't require employers to offer severance. When they do, the agreement is governed by the contract itself plus federal protections — particularly the Older Workers Benefit Protection Act (OWBPA) for employees 40 or older, and the Civil Rights Act for waivers of discrimination claims.

The most important thing to know: nothing about a severance agreement is final until you sign. Almost every term is negotiable, and walking away from a bad offer is sometimes the right call. Counter Gameplan handles the formatting and citations so you can focus on the facts.

Common employer-favorable terms: a release of all claims (even unknown ones), a non-disparagement clause (you can't publicly criticize them), an overly broad non-compete or non-solicit, a confidentiality clause that prevents you from discussing the agreement, return-of-property obligations with broad definitions, and a clawback that requires you to repay severance if you breach any term.

Often, the most aggressive terms can be negotiated down. The employer wants finality; they're usually willing to trade something to get it.

Strong negotiation targets include: (1) more weeks of pay (2 weeks per year of service is a common floor); (2) extended health insurance (employer-paid COBRA for 3–12 months); (3) outplacement services; (4) a neutral or positive reference letter; (5) confirmation that the employer won't contest unemployment; (6) accelerated vesting of equity or bonus; and (7) removal or narrowing of restrictive covenants (non-compete, non-solicit).

Do not sign immediately. Most agreements include a review period — for employees 40+, federal law requires at least 21 days under OWBPA, plus a 7-day revocation right after signing.

If you suspect the termination involved discrimination (age, race, gender, disability, retaliation for protected activity), the severance offer is almost certainly worth less than your potential legal claims. Don't sign a release without first consulting a South Carolina employment attorney.

Similarly, if the employer is offering nominal severance ("one week of pay") while asking for a broad release including a non-compete, you're being underpaid — the value of what you're giving up is greater than what you're receiving.

If your termination may have involved discrimination, you have parallel options: file a charge with the EEOC (federal) or the equivalent South Carolina agency (often within 180–300 days), or pursue the severance negotiation. Filing the EEOC charge before signing the severance preserves your right to bring claims — once you sign a release, those claims are generally gone.

The South Carolina Attorney General's Consumer Protection Division can also handle certain consumer-protection-adjacent claims.