Severance Negotiations

Negotiating Strategies to Maximize Post-Termination

There is no law requiring employers to pay severance unless they have done so in the past, if promises were made in a company handbook or manual, or if your contract has a clause requiring the company to pay a specified amount of severance. It is best to say as little as possible initially. Write down everything the company offers you. After receiving an initial offer, tell the employer you need time to think it over. Ask the employer to confirm the proposed terms in writing. Avoid accepting the company's first offer. Don’t sign anything until you have the agreement reviewed by Foley Lyman. Try to stay on the payroll while negotiations ensue. Stalling for time can help you learn important facts, including what other similarly situated terminated employees received in severance. Most importantly, your goal is to continue receiving regular wages as long as possible while negotiations are proceeding (before the severance package "kicks in"). If you are a salaried employee who works on a full-time basis, you have everything to win if you negotiate forcefully but quietly; thus, request another negotiating session to obtain more benefits.

Do not quit or resign. Ask for time whenever possible. This is because if you resign you may be waiving a claim to unemployment and other severance benefits, including earned commissions. This is a trap many employees fall into.

Please do not sign anything you do not understand. There are various strategies that can help you obtain a better severance package. Call Foley Lyman to obtain the best counsel for your specific situation.

* Information source is legalsource.com.

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