10 Tips For Negotiating A Big, Fat Severance Deal

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caseofcash.jpgToday, 850 at Viacom, 500 at NBC Universal and another 12,000 AT&T found out they will lose their jobs in layoffs.We hope not, but if you're in a media company that hasn't had layoffs yet, you could be next.

Here's the good news, CareerProtection.com's Kirk Nemer told us: It's really, really important to your employer that you go quietly. So much so, that often, companies are willing to bribe laid-off employees with a fatter severance package to make sure of it.

Here are ten rules for making sure you're the squeaky wheel that takes your employer for a ride:

  • Do not sign anything right away. After breaking the bad news, the HR rep will try make you sign a release within two hours. Don't. If you're being cut as a part of a general layoff, you have at least three weeks to sign your severance package agreement, which is really an agreement to not sue the company. If you did sign it -- and if you're older than 40 --you can revoke your signature within a week.
  • No severance package is take it or leave it. Negotiate. Your employer expects you to. The most important thing to them is that you do not sue and go away without controversy. They can't take away a severance package once they've already offered it.
  • Do not, however, negotiate while you're still in shock. Go home. Eat dinner. Weep. Then come back and make them pay you more to go quietly.
  • Find out how many others are being cut from your particular office. If it's 50 or more, the WARN act requires your employer give you 60 days notice (or at least 60 days pay).
  • Make sure they offer continued health benefits. Federal law requires 18 months of continued coverage via COBRA. Sometimes you can make them pay for some of it.
  • Make sure you're getting the bonus you earned last year.
  • In fact, make sure you're getting paid for all your accrued benefits, such as sick days or vacation time.
  • Ask for outplacement services -- or money to pay for them.
  • Make sure your severance package is commensurate with your tenure. You should get more than the people who worked for you and peers who have been at the company for less time.
  • Get advice from a professional, not just a blog post.

See Also:
13 Tips For Dealing With Your Laid Off Friends



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15 Comments

sho 'nuff said:
And...

If you're in a senior level position, hire a lawyer with experience in negotiating separation agreements and make your former employer pay your legal fees. Worked for me.
James (URL) said:
@sho 'nuff - Please contribute more of your experience to the community. Sounds like you would have a great deal of information to dispense - if you don't mind.
c007km (URL) said:
Does anyone else think that this mentality of "stickin' it to the employer, I'm gonna get mine, right now, and as much as I can," is what has us in this climate of layoffs in the first place?
Charles said:
Your not quite right about the WARN act. What triggers a required WARN act notice is not as simple as you state. Here is the DOL fact sheet:

http://www.doleta.gov/programs/factsht/warn.htm
You'reYour said:
You're not quite right about your use of "your" as a contraction meaning "you are."
Neek said:
Speaking of you're, it's amazing how many people online are such bad spellers, saying "loose" when they mean "lose" (as in losing a game); not being able to distinguish between "it's" and "its"; or "their" "there" and "they're"; or that forum favorite, saying "could of" because they saw everybody use that term, even if they're writing down the verbiage of what is supposed to be "cloud have." Argh.
dclan said:
Neek,

Sorry to bruise your ego....in an attempt to ridicule poor spellers, you seem to have made your own blunder, "cloud have."?????
sho 'nuff said:
James... Not much more to add. I got the typical agreement with an anemic severance amount and was told I had a week to sign it. I called a couple of friends who were able to direct me to a great attorney with experience in the field. He took over the negotiations which eventually got to their corporate counsel. Net result? Well over a year's severance pay, reimbursed legal fees and health insurance under their corporate plan (albeit at my expense but still cheaper than I could get on the open market) until I'm 65.
Charles said:
Actually, my original post started with "Your statement about the WARN act is not quite true." I edited the end of the sentence but not the start. My bad. Sorry to all of you more concerned about spelling and typos than factual accuracy of a blog post.
Take the buy out before the $hit hits the fan :)
Vijay said:

c007km (URL) said:
Dec. 04, 3:08 PM
Does anyone else think that this mentality of "stickin' it to the employer (employee | customer), I'm gonna get mine, right now, and as much as I can," is what has us in this climate of layoffs in the first place?
donk said:
its not the 'stick it to the employer' attitude thats the problem. its the years of 'stick it to the employees' attitude that has us in our current situation.
ploop said:
WOW look at those last two comments!!!! francine and allycia that is HOT! never read anything like it!!! amazing! but listen... i like the deal nassar(ford ) got. after two years at the helm, running the company into the ground, got 29 mil in severence. sweet. and what about a pardon tossed in there? xoxox
realinfo said:
All the of the companies you led this article mentioning will treat their employees very fairly. Negotiating isn't an option in most cases, companies offer 'enhanced severance' these days to sign an agreement at time of departure. If you are affected by this month's staff reductions, wherever you work, don't assume automatically that you are getting screwed and burn a bridge on your way out the door. Companies meet with their legal teams when preparing severance agreements and it is fairly assured that your package was prepared without much loophole to find gain.
RK said:

I think this article is nonsense.

The average worker (non-executive) must take whatever severance the company offers.

Lawyers will not take on the case of average workers, just the highly paid execs.

The average worker has no leverage and contrary to the article, the company might yank their original offer if you try to negotiate.

Remember that the company is not required to pay any severance at all.


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