Explain My Severance - Part 4: The Non-Admission Clause

Explain my severance:  What is it?

The Non-admission clause is a statement by your former employer that, even though they are paying you a severance, they are not admitting to anything.  In addition to non-admission, the company usually also expressly denies having done anything wrong.

Explain my severance: What does it mean?

A non-admission clause is self-explanatory.  The company is not admitting anything (this is what "non-admission" means).  Even though the company is paying a severance, and even if the severance is substantial, there is no admission of any wrongdoing.  These clauses are very common.  In fact, even when there is a lawsuit, settlement agreements typically contain non-admission clauses.

Explain my severance: The Upshot.

It is unclear how much value these clauses add because: (1) severance/settlement agreements typically contain confidentiality clauses which prohibit the employee from disseminating the terms of the agreement, (2) a severance/settlement agreement settles and resolves the dispute between the company and the employee, so even if it is an admission, the employee cannot bring a claim, and (3) even without the non-admission clause, there is usually nothing else contained in a settlement or severance agreement which could constitute an admission.  Nevertheless, companies like these clauses because non-admission clauses preclude the possibility that a confidential settlement agreement will be used against the company in the future.

Sample Non-Admission Clause

If you need help with your severance agreement, please feel free to contact us.  We charge a reasonable flat fee to review your severance agreement and offer same-day service.

Read More:

Explain My Severance - Part 1:  The Release

Explain My Severance - Part 2:  The Neutral Reference

Explain My Severance - Part 3:  Non-Disparagement Clause