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Understanding the terms of any severance package offered to you is of utmost importance. Usually, 21 days should be granted for review and signature before signing any agreement; age discrimination laws provide extra protection to employees over 40 from having to sign such contracts immediately.
Severance packages often provide job-search assistance such as resume writing services and career counseling, in addition to compensating you for any unused vacation or PTO days.
Ask for a Written Agreement
Companies typically provide severance packages when terminating employees, laying off workers, or closing business units. You should receive written documentation that outlines its terms before signing it. Be wary of ambiguous financial jargon that might cloud its meaning - an Employment Law Attorney can be useful in translating and clarifying this language so you understand exactly what is being signed.
Severance packages don't only encompass money; they may also contain non-compete and other restrictive clauses that limit your job search or forbid you from working with competitors in the future. Negotiating these provisions may prove particularly challenging if being laid off as part of a mass reduction in force; as this type of termination often includes employees from diverse backgrounds with various protected classes, making it more challenging to raise concerns regarding discrimination issues.
Severance packages often include additional benefits, like continued health insurance coverage or paid time off. Make sure that these are also included if they weren't offered initially; in particular, try for lump sum payments instead of payments over time so as to simplify tax matters and allow more effective budgeting.
Look for Leverage
Most companies offering severance packages do so not out of generosity or good will, but to reduce liability. Employers provide these severance packages to protect themselves in case an employee files a wrongful termination suit or alleges discrimination; some packages even contain a "release of all claims" clause to guarantee that no legal actions against their former employers will be filed by former employees.
As a general guideline, two weeks' pay for every year of employment should be your minimum entitlement; however, this figure may differ significantly based on individual circumstances and leverage points identified during negotiations. As more popular or successful an employee you are, the greater their ability is to negotiate a better package. Furthermore, most employers must allow over-40s 21 days to consider any severance offer before signing it before accepting it and signing any documents related to it.
Once you've identified your leverage points, gather all the documents necessary for comparison with similar severance packages in your industry. This may include original offer letters, employee handbooks and company policies related to severance packages. Also take into consideration any items of value such as purchasing company stock or early vesting of equity options as well as tax implications of these offers.
Ask for a Reasonable Time Frame
No matter the circumstances, it is always advisable to enter severance negotiations in good faith. Your employer may not necessarily appreciate being forced to lay off employees; nonetheless they should recognize your desire to make the best of a difficult situation. Take an honest assessment of your financial needs and resources (such as health coverage expenses) in order to identify which components will have the greatest influence in making decisions about severance payments. Ask your supervisor for an appropriate time frame during which to review the contract in detail and seek clarification if necessary before making your final decision whether or not accept.
As part of your conversation with your employer, it is crucial that you highlight all of your successes and achievements to demonstrate why you should receive more pay or benefits based on the positive effect you had on the organization - such as increasing sales or profits. When doing this, identify specific contributions made by yourself that demonstrate why more is justified; focus on specific achievements you made such as increasing sales or profits as evidence that proves this point.
If you are being laid off, make sure that during your severance period the company continues providing health insurance and that any stock options or restricted share units included as part of your employment agreement are purchased out. Your severance package should also include any unpaid bonuses or accrued vacation days that might have accrued to you during this time.
Make the Offer in Writing
At its core, most companies do not provide severance packages out of generosity or good will; rather, their goal is to mitigate legal liabilities and safeguard relationships and reputation within the business. They typically include "release of claims" clauses as part of severance packages to protect themselves against possible discrimination claims from former employees based on gender, race or age discrimination claims against them; so as a precaution.
Some elements of a severance package, like severance pay and insurance coverage, may not be negotiable; however, others can be bargained to improve it - this might include lump sum payments, time frames of payment or outplacement assistance/career coaching sessions, forward vesting of stock options or paid vacation/sick leave options - and more! Proving your positive contribution and value could help increase the size of your offer.
If you are being laid off due to mass staff reduction, it may be harder for your severance package to increase because the company likely has a set formula to determine who gets what. Still, it is always worthwhile attempting negotiations - it could make the difference between accepting or declining a package which costs you down the line.