Severance Agreement Lawyer in Portsmouth, NH
Serving Portsmouth, Exeter, Dover, Newmarket & the NH Seacoast
Your employer has presented you with a severance agreement and a deadline. Whether you work at a Pease Tradeport company, a Portsmouth-area employer, or commute to Boston from the NH Seacoast, the dynamic is the same: the agreement was drafted by your employer’s lawyers to protect their interests, and the clock is running. A severance agreement is not a formality — it is a permanent release of your legal claims in exchange for money. Before you sign, you need to know whether the amount is fair, what claims you may be giving up, what restrictions the agreement imposes on your future employment, and whether any of those terms are negotiable. Whitney Law Group reviews severance packages for Portsmouth-area employees and executives quickly, and negotiates improved terms in the majority of cases. Call the same day you receive the agreement.
Why Portsmouth Employees and Executives Choose Whitney Law Group
Mark Whitney spent more than 30 years on the management side of employment disputes — representing the companies and HR departments that draft and present severance agreements. He has seen these documents from the inside and knows what’s negotiable, what’s not, and where the real leverage lies. That background now works for you.
A particular consideration for Seacoast clients: many Portsmouth-area employees work for Massachusetts-headquartered companies whose severance agreements are governed by Massachusetts law, contain Massachusetts non-compete provisions, and reference Massachusetts-specific statutory rights (including the OWBPA waiver requirements for employees over 40). Whitney Law Group is licensed in both states and reviews severance agreements under whichever law applies. Located at 155 Fleet Street, Portsmouth. AV Preeminent rated. 2025 Massachusetts Super Lawyer.
What Severance Agreement Representation Includes in Portsmouth, NH
Whitney Law Group provides the following for Portsmouth-area employees and executives facing separation:
- Full agreement review — plain-language explanation of every clause: release scope, non-disparagement, non-compete, non-solicit, COBRA, reference terms, and equity provisions
- NH vs. MA law analysis — identifying which state’s law governs the agreement and which rights you are being asked to waive
- Legal claims valuation — assessing whether you have wrongful termination, discrimination, or wage act claims that create leverage to negotiate a larger package
- Negotiation — written counter-proposals to employer’s counsel with specific improvements to pay, equity vesting, restrictive covenant scope, COBRA terms, and reference language
- OWBPA compliance review — for employees 40 and older, verifying the agreement meets all federal Age Discrimination in Employment Act waiver requirements
- Executive separation — multi-document separations involving equity acceleration, bonus proration, deferred compensation, consulting arrangements, and D&O indemnification
One important distinction for NH Seacoast employees: New Hampshire does not have a state law equivalent to the Massachusetts Wage Act, which means wage-related leverage in severance negotiations may differ depending on which state’s law governs your employment. Whitney Law Group advises clients on how these differences affect the negotiating posture before any counter-proposal is made.
Client Reviews — Severance Agreements, Portsmouth NH
FAQ — Severance Agreements in Portsmouth, NH
Q: My employer is based in Massachusetts but I work in Portsmouth. Does Massachusetts law govern my severance?
It depends on what your severance agreement says. If it contains a Massachusetts choice-of-law clause — common for employees of Boston-based companies with Seacoast offices — Massachusetts law will likely govern the contract. That can work in your favor: Massachusetts has a more expansive Wage Act than New Hampshire, broader anti-discrimination protections under Chapter 151B, and the 2018 Non-Compete Reform Act governing any non-compete provisions included in the severance. It can also work against you if the agreement attempts to impose Massachusetts non-compete restrictions that would be unenforceable under NH law. Whitney Law Group identifies these issues before any counter-proposal is made.
Q: My severance includes a non-compete clause. Can I negotiate to remove it or limit it?
Yes, and in many cases you should. Non-compete provisions in severance agreements are common among Pease Tradeport and Portsmouth-area employers, particularly in technology, defense, and professional services. If your severance is governed by New Hampshire law, non-compete restrictions in separation agreements are generally subject to a reasonableness standard but are not covered by RSA 275:70’s pre-offer timing requirement. If governed by Massachusetts law, the 2018 Non-Compete Reform Act’s garden leave and reasonableness requirements also do not explicitly apply to separation-context non-competes, though courts still apply a reasonableness test. In either jurisdiction, the scope, duration, and geography of non-compete restrictions in severance agreements are frequently negotiable. Whitney Law Group negotiates carve-outs, time reductions, and geographic limitations regularly.
Q: I think I was let go for an illegal reason. Does that affect how I should handle the severance?
Yes, significantly. If your termination may have been discriminatory or retaliatory, the existence of a legal claim gives you leverage to negotiate a substantially larger severance package without filing anything. The key questions are: how strong is the potential claim, what is its realistic value, and does the proposed severance adequately reflect that value? This analysis, comparing your potential claim value against the offered severance, is exactly what a Whitney Law Group intake is designed to do. One critical point: if you have a discrimination claim in New Hampshire, you must file with the NH Commission for Human Rights within 180 days of the discriminatory act. Signing a severance agreement releases that claim. Call before the clock runs out.
Schedule a consulation in Portsmouth, NH
Don’t navigate workplace disputes alone. Contact Whitney Law Group’s Portsmouth employment lawyers for a confidential consultation about your severance agreement rights, options, and next steps.