A standard severance package in California often includes several key elements. These may encompass salary continuation, health insurance coverage, outplacement services, and other benefits.
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.
In addition to compensation for lost wages, a severance package may include extended health benefits, payouts for accrued but unused vacation time, or job placement assistance. Specifics of the package are usually based on the employee's length of employment or experience.
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.
To increase your chances of a successful negotiation, choose a reasonable counter-offer. Think about the resources your former employers can offer and what you can offer in return. Employers usually do not want to engage in a lengthy negotiation, so presenting a reasonable offer may encourage them to accept to move on.
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.
How to ask for a severance package Review your company's documents. You can typically find details of the company's policy regarding severance packages in a couple of places. Make note of your accomplishments. Stay professional. Negotiate severance during your job offer. Agree to an exit interview.