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Process
Our negotiation process begins with a comprehensive case analysis, reviewing your employment contract, company policies, and the proposed severance agreement against applicable state and federal laws. We assess factors like your tenure, position, reason for separation, and any potential legal claims to establish a strong bargaining position. Leveraging this analysis, we craft a strategic counter-proposal, often aiming to increase the severance pay by 50-100% or more, secure extended COBRA subsidies, and negotiate non-disparagement or reference clauses in your favor. We then manage all communications with your former employer to achieve a favorable resolution, typically within a 10 to 14-day negotiation window.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Negotiation Timeline | 10-14 business days |
| Common Severance Multiple | 1-4 weeks of pay per year of service |
| Key Negotiable Elements | Pay, Benefits, Reference Terms, Release Scope |
| Initial Review Period | 21-45 days (varies by state) |
Local Considerations — USA
Severance law and negotiation norms vary significantly across the United States. In at-will employment states, severance is rarely mandated by law, making strategic negotiation essential. In contrast, states with stronger worker protections or specific industry practices, such as California's WARN Act requirements or New York's financial sector standards, present different leverage points. Our national practice adapts to these regional legal landscapes, whether addressing the tech sector in Silicon Valley, corporate layoffs in Chicago, or media industry contracts in Los Angeles. We tailor our approach to the specific statutes and common practices of your location to maximize your outcome.
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Standards & Compliance
- Federal Older Workers Benefit Protection Act (OWBPA)
- State-Specific Wage Payment Laws
- Worker Adjustment and Retraining Notification (WARN) Act
- Employee Retirement Income Security Act (ERISA) for benefits
Frequently Asked Questions
What is typically negotiable in a severance package?
Beyond base pay, you can often negotiate for extended health insurance (COBRA) subsidies, outplacement services, a positive reference agreement, modifications to non-compete or non-disparagement clauses, and the specific language of the release of claims to protect future rights.
How long do I have to review and sign a severance agreement?
Federal law provides a minimum of 21 days to review a standard agreement, and 45 days if the offer is part of a group termination program. You then have 7 days to revoke your signature after signing. State laws may provide additional time.
Can I negotiate severance if I was fired for cause?
Yes, negotiation is often still possible. The company may seek a full release of claims, which gives you leverage. We analyze the circumstances of the termination to identify potential legal claims that can be used as bargaining chips to secure a package.
How much does a severance negotiation service cost in the USA?
Each listed firm typically works on a flat-fee basis for negotiation services, which provides cost certainty. The fee is based on the complexity of your case, the number of issues involved, and the anticipated negotiation timeline. We provide a specific quote after an initial case evaluation, as costs can vary significantly from a straightforward review to a multi-issue contested negotiation.