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The severance pay offered is typically one to two weeks for every year worked, but it can be more. If the job loss will create an economic hardship, discuss this with your (former) employer. The general practice is to try to get four weeks of severance pay for each year worked.

California law generally does not require employers to provide severance pay or severance packages to a worker upon termination of the job.

While confidentiality of the severance amount remains permitted, the amendment to Government Code section 12964.5 requires employers offering severance agreements with general releases to advise employees to consult with counsel and to provide a reasonable period of time, not less than five days, to do so.

If you want to work for a competitor, if you have valid legal claims against your employer, or if you anticipate being unemployed for a significant length of time then it may be in your financial best interest to turn down the severance money and refuse to sign the release of claims.

When you sign a severance agreement, you agree to specific clauses contained within.Thus, if you feel that your termination was unlawful, but your severance agreement states that you cannot bring any unemployment discrimination claims, you likely cannot sue your employer.

Do You Have to Accept a Severance Package? The short answer is no. You don't have to accept what your employer offers, nor do you have to sign a release. A release is valid only if it's voluntary: If your employer requires or coerces you sign, it won't be upheld in court.

Employers can cancel or change their severance policies unless you and your employer have a written or oral employment contract stating that you will be paid a specific amount for your severance.

There is no single definition of an appropriate severance package, as they vary greatly by industry and company. However, severance packages typically include pay through the termination date and any accrued vacation time, unreimbursed business expenses, and an additional lump sum.

Elements of a severance package that might be up for negotiation:Amount of severance pay.How severance is paid (installments or lump sum)Coverage of healthcare plan costs.Exact date of termination.Vesting in a retirement plan or stock options.Outplacement or job-training services.

If you look at the question Should I take the package? from a pure risk-management standpoint, then you should take the package, because if you take it you are guaranteed four months of income, and if you pass on the package you are not guaranteed four months or even four weeks.