The Best Defense is a Good Offense: Why Severance Shouldn't be an Afterthought

At our firm, we’ve been seeing a steady rise in employment termination issues. When employees come to us after being let go, their first question is most frequently: “What can I do to get more severance?” In cases of extenuating circumstances, such as harassment, discrimination, or other wrongful conduct, there may be legitimate legal claims of wrong-doing where the Company may feel compelled to provide a better severance package in exchange for a waiver of claims (when legally permissible). But in most cases, employees find themselves largely at the mercy of their employer’s policies and willingness to negotiate.

Employers typically want one thing when offering severance: closure. They would like you, as a former employee, to sign a waiver and release so that they can move forward without fear of future disputes. In exchange for this peace of mind, they usually provide some form of payment. A common benchmark is about two weeks of severance pay per year of employment, but this is by no means a hard rule. Employers may adjust that number up or down depending on factors like your position, tenure, and the circumstances of your departure.

This is where legal counsel makes a difference. An attorney can help you analyze your situation, identify any leverage points, and present the strongest possible case for an increased severance. That said, once the decision to terminate has already been made, your bargaining power is often limited. By the time you’re sitting across from HR with a release in hand, your options may be narrow.

That’s why the best time to negotiate severance isn’t at the end of your employment—it’s at the very beginning. Many clients  realize too late that they could have addressed severance protections when they were first hired. That’s when you have the most leverage: the company wants you on their team, they want the relationship to work out, and they’re often open to negotiation beyond salary and vacation days.

If you’re entering into a new role, consider negotiating an employment agreement that includes severance terms or at least some protection against termination without cause. Doing so can provide real peace of mind if things don’t work out down the road. And if you’re facing a termination now, don’t go it alone—having the right advocate can make a meaningful difference in the outcome.