The agreement must be backed by consideration. The employer must give something of value to the employee in exchange for the agreement. Employees must have 21 days to consider the severance offer, or 45 days if more than one employee is laid off as part of a group lay off.
Employment Summary: Concisely summarize your employment history, emphasizing significant achievements and your dedication to the company. Severance Package Request: Detail your severance package request, including financial compensation, health benefits, and any additional support services like career counseling.
First you can simply ask. The offer of severance is not a legal obligation. It is an attempt by the employer to assure that you will never make any claims against it. Some times simply asking for more can trigger a discussion, but do not count on it. Especially in a RIF where many people are involved.
During negotiations, emphasize your contributions to the company. Highlight your achievements, skills, and the value you brought to your role. Demonstrating your positive impact can strengthen your position and make a case for more favorable severance terms.
Thank them for their severance package. State your contributions and value to the company. Counter with your demands and why they should give them to you, give them examples from the industry. Conclude with a closing statement that you respect the company and feel why company is so great.
Layoffs are due to lack of work, not your work performance, so you may be eligible for benefits. For example, the employer has no more work available, has eliminated your position, or has closed the business.
Adam Neumann, the main founder of WeWork, negotiated a ~$1.7 billion severance package from SoftBank, operator of the Vision Fund, the largest venture capital fund in the world.
Neither the California Labor Code nor the federal Fair Labor Standards Act require employers to offer severance agreements to departing employees. Instead, severance agreements are provided by employers to accomplish a specific goal.