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A severance agreement may be a sign that you and your employer are not departing on the best terms.Fortunately, you may be able to negotiate a severance package with a non-disparagement clause that applies to both you and your former employer so both parties cannot say anything negative about the other.

Some employers choose to offer severance pay to employees who are terminated, either involuntarily or voluntarily. The primary reasons for offering a severance package are to soften the blow of an involuntary termination and to avoid future lawsuits by having the employee sign a release in exchange for the severance.

Just as your employer typically does not have to offer you any severance, your employer can withdraw an offer if you do not accept it before it is withdrawn.If you ask for more severance, your employer could withdraw the offer and you could end up with nothing or less than the initial offer.

Mistake #4: Not Consulting With an Attorney But if you believe you are the victim of your employer's illegal conduct, or if your severance package includes a significant amount of severance pay and benefits, it is probably worth reviewing your agreement with an attorney.

There's no requirement under the Fair Labor Standards Act that mandates companies provide severance following a layoff. However, organizations that do have a severance policy will usually include it either in the employee contract or offer letter you signed before joining the company, or in an employee handbook.

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.

When Employers Fail to Uphold Severance Agreements A severance agreement is a contract, meaning that employers and employees enter into this legal agreement together. If an employee is not given the benefits or pay that was specified in the severance package, that is a breach of contract. Our Allen law firm can help.