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Process
Our severance negotiation process begins with a forensic review of your proposed agreement against applicable state and federal law, including the Worker Adjustment and Retraining Notification (WARN) Act and relevant state wage statutes. We analyze your tenure, compensation history, and the circumstances of your departure to identify leverage points, such as potential claims for age discrimination under the ADEA or violations of the Fair Labor Standards Act. Listed attorneys then develop a targeted negotiation strategy, often securing median package improvements of 25-50% over initial offers. We manage all communications, aiming to resolve negotiations efficiently, typically within 10-20 business days, while preparing for litigation if a fair settlement cannot be reached. A key component of our approach is a detailed review of your proposed severance package to identify all areas for potential improvement.
Local Considerations — USA
Severance law and practice vary significantly across the United States, requiring localized expertise within a national framework. In tech hubs like San Francisco, negotiations often center on complex equity compensation and intellectual property clauses. In financial centers like New York, deferred compensation and non-compete agreements are paramount. Meanwhile, in manufacturing regions, compliance with federal WARN Act requirements for mass layoffs is a frequent concern. Our national firm adapts by leveraging deep knowledge of both federal standards and specific state laws—such as California's stringent wage payment rules or New York's unique discrimination protections—to build the most compelling case for clients in any jurisdiction, including major markets like Boston.
At a Glance
| Parameter | Reference Value |
|---|---|
| Typical Negotiation Timeline | 10-20 business days |
| Common Package Improvements Sought | Salary continuation, bonus payouts, extended benefits, equity vesting |
| Key Federal Statutes | ADEA, WARN Act, FLSA |
| Initial Case Review | Complimentary assessment |
Standards & Compliance
- Age Discrimination in Employment Act (ADEA)
- Worker Adjustment and Retraining Notification (WARN) Act
- Fair Labor Standards Act (FLSA)
- State-Specific Wage Payment Laws
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Frequently Asked Questions
What is typically negotiable in a severance package?
Beyond base severance pay, key negotiable items include the duration of health insurance (COBRA) subsidies, outplacement services, the wording of reference letters, non-disparagement and confidentiality clauses, the release of certain legal claims, and the timing of payments. We also frequently negotiate for the full payout of accrued bonuses or the accelerated vesting of equity awards.
How long does the severance negotiation process usually take?
The timeline varies based on the employer's responsiveness and the complexity of the demands. Most straightforward negotiations conclude within 10 to 20 business days. Complex cases involving executive compensation or potential litigation may extend several weeks. Our goal is to resolve matters efficiently while maximizing your outcome.
Do I need a lawyer if my employer says the severance offer is 'standard'?
Yes. A 'standard' offer is drafted by the company's counsel to protect the employer's interests. An attorney reviews it to protect yours. We identify non-standard terms you can push back on, ensure the agreement does not unlawfully waive your rights, and negotiate for enhancements that reflect your specific situation and value.
How much does Severance Negotiation cost?
Each listed firm typically handles severance negotiations on a flat-fee or modified contingency basis, where fees are often a percentage of the additional value secured beyond the initial offer. A precise cost structure depends on the complexity of your agreement, your executive level, and the anticipated negotiation duration. We provide a clear fee agreement after an initial case evaluation. For a specific estimate, we recommend requesting a tailored budget based on your documents.