Need attorney specializing in university severance packages for a non-tenured professor to review mine and negotiate.
Asked in Los Angeles, CA Last answered on November 3, 2026I am a non-tenured full-time professor at a large private university in LA in my 27th year. The school recently informed our small MFA program that it would be closed down and that non-tenured faculty would be "separated" and not re-appointed at the end of this semester. I have a 5-year contract that is ending in May. They have offered me a separation agreement with salary and benefits. What should I be looking for in the severance package to determine whether it is a fair offer? Should I have an attorney review it?
1 answer
After 27 years, a program closure is a difficult way for things to end, and it makes sense to look carefully before signing anything.
A separation agreement is a contract that trades money and benefits for a release of legal claims, and the first version is often an opening offer, not a final one. One key question is what is actually new. Pay already owed under a contract running through May differs from true severance. A faculty handbook may also have its own rules for program closures that are worth comparing against the offer.
Most releases are broad and waive unknown claims under California Civil Code section 1542. Some rights can’t be signed away, including earned wages and unemployment eligibility. Employees can also still file a charge with the California Civil Rights Department or the EEOC, though a release can generally give up personal money recovery from that charge. Workers’ compensation claims are a separate category. They generally can’t be settled through a standard severance release and instead must be resolved through the Workers’ Compensation Appeals Board.
Timing rules matter. For employees 40 and over, federal law generally requires at least 21 days to consider a release of age claims, or 45 days when the offer is part of a group program, plus 7 days to revoke after signing. Group offers must also include information about the ages and job titles of those affected. California separately requires at least five business days' notice and notice of the right to consult an attorney. Any confidentiality terms must state that nothing prevents discussing unlawful acts in the workplace.
Benefits continuation, references, mutual non-disparagement, and closure details are commonly negotiated. An employment attorney can review the agreement and explain the options before those deadlines run.
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