How to Get More Severance - An Employment Lawyer Explains

Introduction

This tutorial provides a step-by-step guide on how to negotiate for a better severance package, based on insights from employment lawyer Branigan Robertson. Understanding the components of a severance agreement and leveraging effective negotiation strategies can significantly increase your severance compensation.

Step 1: Understand Your Severance Agreement

• Familiarize yourself with the typical components of a severance package, which may include:
  • Pay (lump sum or salary continuation)
  • Health benefits
  • Stock options or retirement benefits
  • Non-compete clauses
• Review your employment contract to identify any clauses that may affect your severance.

Step 2: Increase Your Leverage

• Assess your position and leverage in the negotiation:
  • Evaluate your performance and contributions to the company.
  • Identify any potential claims you may have against the employer (e.g., wrongful termination).
• Consider your emotional and financial situation, as these factors can influence your negotiation strategy.

Step 3: Utilize Bargaining Chips

• Branigan outlines six key bargaining chips that can enhance your negotiation:
  1. Length of Service: Highlight your tenure and loyalty to the company.
  2. Company Policy: Reference company policies on severance to back your request.
  3. Performance Reviews: Use positive performance feedback to justify a higher severance.
  4. Future Employment: Indicate your need for a robust severance to support your transition to new employment.
  5. Potential Legal Claims: Be aware of any legal claims you could pursue, which can strengthen your negotiating position.
  6. Market Conditions: Leverage current job market trends to argue for a better severance.

Step 4: Prepare for the Negotiation

• Gather all relevant documents:
  • Severance agreement
  • Performance reviews
  • Employment contract
• Write down your key points and arguments to maintain focus during discussions.

Step 5: Practice Your Negotiation Skills

• Role-play the negotiation with a friend or family member to build confidence.
• Prepare for common objections and think about how to counter them effectively.

Step 6: Initiate the Discussion

• Set a meeting with your HR department or manager to discuss your severance.
• Clearly articulate your needs and the reasons behind your request, using the bargaining chips you’ve identified.

Conclusion

Negotiating a severance package can be challenging but is essential for ensuring you receive fair compensation. Remember to understand your agreement, leverage your position, and prepare thoroughly for negotiations. By applying these steps, you can increase your chances of securing a better severance package. For further assistance, consider consulting with an employment lawyer who specializes in severance negotiations.