Articles / When the agreement arrives
Can a severance agreement stop you from filing with a government agency?
The rights a release generally cannot take away, and the sentence California requires about discussing unlawful acts at work.
Last reviewed November 6, 2026. General information about California law, not legal advice.
The short answer
Generally no. Federal rules and EEOC guidance say a release cannot stop you filing an EEOC charge or taking part in an EEOC investigation. SEC Rule 21F-17 bars anyone from impeding you from contacting the SEC. California voids terms that waive testimony about alleged criminal conduct or sexual harassment when a court, agency or the Legislature requires or requests it.
What a release generally cannot take
- Agency charges. A release cannot bar you from filing a charge with the EEOC or taking part in its investigation. For age waivers, 29 C.F.R. 1625.22(i) says so directly.
- The SEC. Rule 21F-17 bars any person from impeding someone from communicating with the SEC about a possible securities law violation.
- Testimony. Civil Code 1670.11 voids terms that waive your right to testify about alleged criminal conduct or sexual harassment when you are required or requested to by a court, an agency or the Legislature.
The workplace-conduct sentence
Government Code 12964.5 requires separation agreements to include a specific statement: nothing in the agreement prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct you have reason to believe is unlawful.
Why the clauses still appear
Agreements sometimes include broad language that seems to reach these rights anyway. A clause that cannot be enforced can still discourage someone who does not know that. Reading the protected-rights section carefully, and comparing it to the required wording, is a common step.
Common questions
What sentence does California require?
Government Code 12964.5 requires separation agreements to state that nothing in the agreement prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct you have reason to believe is unlawful.
Can the settlement amount be kept confidential?
Yes. California allows the amount paid to be kept confidential.
Not legal advice
This article explains how California and federal rules generally work. It does not tell you what to do in your situation, and reading it does not create an attorney-client relationship. Every example on this site is a fictional story. For advice, seefree and low-cost help in California.