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Our services
Process
Our negotiation methodology is a structured, evidence-based advocacy process. We begin with a comprehensive case audit, reviewing your employment contract, company policies, performance history, and all communications related to the separation. We identify legal leverage points, such as potential claims under the Age Discrimination in Employment Act (ADEA), the Worker Adjustment and Retraining Notification (WARN) Act, or state-specific wage laws. Our approach involves drafting a formal counter-proposal, typically seeking 2-4 weeks of additional severance pay per year of service, along with concessions on non-compete clauses, reference language, and continued benefits. We manage all communications, aiming to secure a 20-40% improvement over the initial offer without escalating to litigation, though we prepare every case as if it will proceed to court.
Local Considerations — USA
Severance law and negotiation leverage vary significantly across the United States, requiring a regionally-informed strategy. In employment-at-will states, negotiation often hinges on the specific facts of the separation and potential legal claims. In contrast, jurisdictions with strong implied covenant protections may provide more leverage. Local court precedents in your area directly influence settlement values. For instance, the legal landscape for negotiating severance in New York, with its robust wage and discrimination laws, differs from approaches in Texas or Florida. Our national practice adapts by applying deep knowledge of both federal statutes and the nuanced employment laws and judicial tendencies of each state where we represent clients, including key markets across the country.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Negotiation Timeline | 2-6 weeks |
| Common Severance Enhancement | 20-40% increase |
| Key Leverage Review Points | Contract, Policy, Communications, Potential Claims |
| Primary Negotiation Phase | Pre-litigation Demand & Counter-Offer |
Standards & Compliance
- Age Discrimination in Employment Act (ADEA)
- Worker Adjustment and Retraining Notification (WARN) Act
- State-Specific Wage Payment Laws
- Title VII of the Civil Rights Act
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Frequently Asked Questions
What is the first step in negotiating a severance package?
The critical first step is to not sign anything. Immediately seek legal counsel for a review. We conduct a confidential audit of your agreement and employment history to identify all legal entitlements and potential claims, which form the basis for a strategic counter-proposal.
Can I negotiate severance if I was fired for cause?
Yes, negotiation may still be possible. 'Cause' is often disputed. We analyze whether the company's stated cause is legally defensible. Even with cause, companies may offer severance to obtain a full release of claims, ensuring a clean separation and avoiding future litigation risk.
How long does the severance negotiation process typically take?
Most pre-litigation negotiations conclude within 2 to 6 weeks. The timeline depends on the complexity of your case, the company's responsiveness, and the number of counter-offers exchanged. We aim for efficient resolution while thoroughly protecting your interests.
How much does it cost to negotiate severance in the USA?
Our fee structure is tailored to each case, often involving a flat fee or a reduced hourly rate, sometimes with a success-based component tied to the increase in severance secured. A precise cost depends on the agreement's complexity, the employer's stance, and required negotiation rounds. We provide clear fee agreements after an initial case assessment.