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Process
Our methodology begins with a forensic review of your employment agreement, offer letter, and any equity grant documents. We analyze non-compete, non-solicitation, and confidentiality clauses under applicable state law, such as California's Business and Professions Code Section 16600. We then develop a negotiation strategy, often securing median severance packages valued between 2 to 6 months of base salary plus benefits continuation. Our process includes drafting counter-proposals, conducting direct negotiations with corporate counsel, and preparing release agreements that protect your future career mobility and intellectual property rights.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Severance Negotiation Timeline | 2-4 weeks |
| Common Package Value Range | 2-6 months base salary |
| Key Document Review Focus | IP Assignment, Equity, Restrictive Covenants |
| Primary Governing Laws | State-Specific (e.g., CA, NY, WA) |
Local Considerations — USA
Severance law for software engineers varies significantly by state, impacting the enforceability of non-compete agreements and the calculation of final wages. In tech hubs like California, where non-competes are largely void, negotiations focus on salary, bonus, and equity acceleration. In states like New York or Washington, where restrictive covenants may be enforceable, strategy shifts to narrowing their scope. Our national practice adapts to these regional legal landscapes, providing engineers in Silicon Valley, New York City, and Boston with tailored counsel that reflects local precedent and the high-value nature of tech compensation.
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Standards & Compliance
- Federal Worker Adjustment and Retraining Notification (WARN) Act
- State-Specific Wage Payment Laws (e.g., NY Labor Law § 191)
- Defend Trade Secrets Act (DTSA)
- State Non-Compete Statutes (e.g., CA B&P Code § 16600)
Frequently Asked Questions
What is typically included in a software engineer's severance package?
Beyond base salary continuation, packages often include pro-rated bonus, extended health insurance (COBRA), outplacement services, and clauses governing the vesting or exercise of stock options and RSUs. A critical review of intellectual property and non-compete agreements is essential.
How long does a severance negotiation usually take?
Most negotiations conclude within 2 to 4 weeks. The timeline depends on the company's responsiveness, the complexity of the equity and IP issues involved, and whether litigation is a credible alternative to settlement.
Are non-compete agreements enforceable for software engineers?
Enforceability is exclusively a matter of state law. They are generally void in California, but may be enforced in other states if reasonable in scope, duration, and geography. Our analysis is specific to your state and role.
How much does severance legal representation for software engineers cost?
Each listed firm typically works on a flat-fee or hourly basis for negotiation counsel. Costs depend on the complexity of your equity structure, the number of restrictive covenants, and the anticipated negotiation duration. We provide a clear fee agreement after an initial case assessment.