Labor & Employment Law for Employers

Severance Agreements for Ohio Employers: Defensible Terms for Sensitive Separations

J Barrow Legal drafts and reviews separation agreements for Ohio employers, from individual departures to reductions in force, so that each release, its timing and any restrictive terms reflect current law.

Discuss a Severance Agreement Call (216) 930-1320

Employers typically offer severance for a single purpose: to conclude the employment relationship and resolve potential claims. That purpose is served only if the release is enforceable. A missed disclosure to an employee age 40 or older, a confidentiality clause the NLRB treats as unlawful, or an attempt to waive claims the law does not allow to be waived can leave the employer having paid for a release it cannot rely on.

The governing rules have also shifted. The NLRB's limits on severance terms remain in force even as the Board reconsiders them, federal law now restricts certain pre-dispute nondisclosure clauses, and in 2025 Ohio enacted its own layoff notice statute. As a result, agreements drafted from an older template may not reflect any of these developments.

Two professionals in a serious conversation across a desk

When Employers Call Us

  • A senior employee or executive is departing, and the separation terms must be negotiated
  • A termination carries heightened claim risk because of a recent complaint, leave, accommodation request or protected activity
  • A reduction in force or restructuring will affect multiple employees, including some age 40 or older
  • A plant closing or layoff may trigger federal or Ohio WARN notice obligations
  • The company's standard separation agreement still contains broad confidentiality and non-disparagement language
  • A departing employee asserts claims for unpaid wages, commissions or bonuses as part of the exit
Discuss a Severance Agreement or call (216) 930-1320

How J Barrow Legal Helps

Agreement templates that reflect current law

We prepare separate forms for individual separations, for employees age 40 and older, and for group programs, with confidentiality, non-disparagement and cooperation terms tailored to each employee's role and status under the NLRA.

Reduction in force planning

We review selection criteria and potential adverse impact, prepare OWBPA disclosure schedules, and analyze notice obligations under the federal and Ohio WARN statutes.

Executive and high-risk separations

We negotiate separation terms on the company's behalf when equity, bonuses, restrictive covenants or potential claims are at stake.

Exit logistics

We coordinate with payroll and HR on the timing of final pay, benefits continuation notices, the return of company property and communications plans.

Jazmyn Barrow, founder and principal attorney

Experience in Complex Employment Separations

Jazmyn Barrow counsels employers through executive departures, reductions in force, plant closings and other sensitive workforce transitions. Her work encompasses the assessment of potential claims, negotiation of separation terms and coordination of compensation, benefits, restrictive covenants and employee communications. She works with executives and HR leaders to structure decisions that can be explained and defended, while accounting for the operational considerations that may continue long after the employment relationship ends.

Meet Jazmyn Barrow

Executive Severance Review and Negotiation

J Barrow Legal also selectively represents executives and senior professionals in reviewing and negotiating separation agreements. We evaluate severance compensation, incentive and equity rights, restrictive covenants, releases, benefits and post-employment obligations, with particular attention to the client's financial interests, professional reputation and future opportunities. Representation is subject to conflicts review.

What Makes a Separation Agreement Effective

The release must fit the circumstances of the departure. A separation agreement should address the claims and risks that arise from the particular employment relationship. When an employee age 40 or older is asked to waive federal age-discrimination claims, additional statutory requirements govern whether that waiver is enforceable.

Not every employment right can be waived. For that reason, an agreement must distinguish the claims an employee may release from the rights that cannot lawfully be restricted, including certain communications with government agencies, statutory benefits and earned compensation.

Confidentiality and restrictive terms require careful drafting. Non-disparagement, cooperation, confidentiality and post-employment provisions should reflect the employee's role and the legal protections that apply to that employee, because language appropriate for one departing executive may be unsuitable for another employee.

Group separations require broader planning. Reductions in force and plant closings may implicate federal and Ohio WARN requirements, adverse impact concerns, disclosure obligations and collective bargaining considerations. That planning should begin before any notices or agreements are distributed.

The separation process deserves the same attention as the release itself. Severance compensation, incentive and equity treatment, benefits, final pay, employee communications and the timing of the departure should be coordinated with one another to reduce the risk of disputes after the agreement is signed.

Hand signing a separation agreement

Frequently Asked Questions

How long must an employer give an employee age 40 or older to consider a severance agreement that includes an ADEA waiver?

Generally, at least 21 days for an individual agreement, or at least 45 days when the waiver is requested in connection with a qualifying group termination or exit incentive program. Those periods are conditions of an enforceable waiver of federal age-discrimination claims, and the employee must also have at least seven days after signing to revoke the waiver. Group programs require additional written disclosures. These requirements apply to ADEA waivers and do not automatically govern every severance arrangement.

Can a severance agreement include confidentiality and non-disparagement clauses?

For supervisors and managers, generally yes, subject to the Speak Out Act and to carve-outs for communications with government agencies. For non-supervisory employees, the answer is more limited: as of October 2026, the NLRB's McLaren Macomb decision still restricts broad confidentiality and non-disparagement terms, although the Board may revisit that decision. In either case, narrowly tailored language with clear carve-outs reduces the risk.

Does Ohio have its own WARN Act?

Yes. Ohio Rev. Code 4113.31, effective September 30, 2025, requires employers covered by federal WARN to give 60 days' notice that includes additional Ohio-specific content. The notice must go to the employees or their representatives, to the Ohio Director of Job and Family Services, and to the chief elected officials of both the municipality and the county.

Will severance affect an employee's Ohio unemployment benefits?

Usually, yes. Ohio reduces unemployment benefits by separation or termination pay and allocates that payment to the weeks following the separation (Ohio Rev. Code 4141.31). Because an agreement to waive Ohio unemployment benefits is not valid (Ohio Rev. Code 4141.32), severance agreements should not attempt to restrict those benefits.

Can an executive negotiate a severance agreement before signing?

Often, yes. Severance terms are usually presented as a proposal, and an executive may ask for time to review them and propose changes to payment, equity and incentive treatment, restrictive covenants, the scope of the release, references and transition terms. When the agreement seeks a waiver of federal age-discrimination claims from an executive age 40 or older, additional consideration and revocation requirements apply. J Barrow Legal selectively represents executives in these negotiations, subject to conflicts review.

Related Counsel

Current as of October 2026.

Selected legal authorities and further reading

Start a Strategic Conversation

Share a few details about your situation, and we’ll follow up to discuss fit, timing, and next steps.

We respond promptly. Your information is used only to review and respond to your inquiry. Submitting this form does not create an attorney-client relationship, so please do not include confidential details until we confirm there is no conflict. See our Privacy Policy.

Call (216) 930-1320