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Why severance is almost always negotiable

Most employers make an initial severance offer expecting negotiation. They often have budget flexibility, especially for longer-tenured employees or when they want a clean departure with a signed release of claims. The worst they can say is no โ€” and their first offer rarely is.

What to negotiate beyond weeks of pay

  • More weeks of pay โ€” the most obvious, but not the only lever
  • Health insurance extension โ€” having employer pay COBRA premiums can be worth $500โ€“$1,500/month
  • Vesting acceleration โ€” ask for unvested stock options or 401(k) match to vest immediately
  • Outplacement services โ€” career coaching and resume help worth $2,000โ€“$5,000
  • Later end date โ€” staying on payroll longer maintains benefits and improves unemployment claims
  • Neutral reference agreement โ€” written agreement on what they'll say about you
  • Non-disparagement terms โ€” mutual, not just binding on you

The negotiation script

Opening response to initial offer:

"Thank you for the offer. I want to reach a fair resolution and I'm committed to a professional transition. That said, given my [X years of service / specific contributions / the circumstances], I was hoping we could discuss improving the package. I'd like to propose [specific ask]. I'm also flexible on the structure if that helps."

When to bring in an attorney

Consider consulting an employment attorney before signing if: the severance exceeds $50,000, there's a non-compete clause, you have potential legal claims against the employer, or the language is complex or one-sided.


Frequently Asked Questions

For employees over 40, the ADEA gives you 21 days to consider and 7 days to revoke after signing (if the release covers age discrimination claims). For under 40, there's no federal minimum โ€” but a reasonable time (5-10 business days) is customary and courts look favorably on employers who give adequate time.
Read it carefully before deciding. Key things to watch for: overly broad non-disparagement clauses, non-compete restrictions, releases of unknown claims, confidentiality terms that prevent you from discussing workplace misconduct. Consider having an employment attorney review it.
Generally no โ€” a signed severance agreement is a binding contract. The only exceptions are the revocation period for age discrimination releases (7 days after signing for over-40 employees) or if you can show fraud, duress, or misrepresentation.

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