Most employers offer a severance agreement established by company policy that outlines the financial terms on which the employee will leave the company. Sometimes, employees can negotiate those terms. Regardless, they must sign the agreement to receive their severance package.
What is the downside to severance? The downside to severance includes financial drawbacks such as loss of steady income, potential loss of benefits, and uncertainty about future job prospects, as well as the impact on retirement savings and benefits.
If you're fired for cause, which it sounds like you will be, then they don't need to give you severance. Normally companies will give something to avoid getting sued for wrongful dismissal, because normally there are steps they need to take in order to avoid those kinds of lawsuits.
Termination for cause ensues when the employees' actions are against policy and may lead to serious repercussions for the company, clients and other employees. Termination of employee services with cause may be necessitated by a violation of the company's code of conduct or continuous poor performance.
Here are some tips to help you negotiate your severance package: Meet with your employer or human resources (HR) representative. Contact an employment law attorney. Make a list of terms you can negotiate. Present your case to your employer. Determine whether to sign the severance agreement.
Severance packages are often negotiable, but it is rarely a good idea to do it yourself. You would be wise to consult an employment lawyer, so you can understand what claims, if any, you have and their potential value in order to develop a negotiation strategy.
Some factors that are often considered include length of employment at the company, your position or rank within the organization, salary, and individual circumstances relating to termination. Some employers adhere to a written contract or employment agreement or policy that was outlined previously.
You do not get severance if you quit. Nobody is automatically entitled to any severance legally, ever, unless you were hired under a contract such as a 1099 employee and you have severance written into your agreement. Standard W-2 employees usually do not get severance.