A: To effectively negotiate severance in California, the very first thing you should do is at least consult with a severance agreement lawyer. They can offer you sound legal advice or even review your agreement for you. A skilled lawyer can tell you if your agreement is sound and worth signing.
Tips to Negotiate Your Severance Package Understand the situation. Let the company make the first step and show you their offer. Decide on your requests. Next, decide what you want to ask for. Make a counteroffer. Sign when you're ready.
The new rule mandates that businesses inform their employees that they have at least five days to review any separation or severance arrangements.
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.
You are likely eligible if you are fired for poor performance, being laid off, or if the company is in financial crisis. However, if you are fired for misconduct, such as violating company policies, theft, or insubordination, you can likely be disqualified from receiving unemployment benefits.
Present the employee with the severance agreement, worked on by your HR manager, and walk through each section. Leave time for the employee to ask questions and make clear the time frame during which the employee has time to meet with their lawyer, as well as their last day.