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Severance Negotiation
Script Generator
Enter your situation below and get a word-for-word email script and talking points to negotiate more severance pay, extended benefits, and equity. Most people never ask — and leave thousands of dollars on the table.
✓ Word-for-Word Email
✓ Talking Points
✓ What to Ask For
✓ Deadline Tracker
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Is severance negotiable after a layoff?
Yes — in almost every case. Unlike salary negotiations where you're asking an employer to compete for your services, severance negotiation is different: you're being asked to sign a legal release of claims, and the company is offering compensation in exchange. That's a transaction, and transactions have room for negotiation.
Most HR departments make initial offers that are below what the company would ultimately be willing to pay. They're not trying to deceive you — it's standard practice to start with a baseline and adjust based on whether you respond. Workers who ask professionally and specifically almost always receive at least one improvement to their package.
What is negotiable in a severance package?
- Additional weeks of pay — The most common ask. Industry standard is roughly 1–2 weeks per year of service. If you've been there 5 years and were offered 4 weeks, asking for 8–10 is a reasonable opening position.
- Extended health insurance — COBRA is expensive ($685+/month for individuals). Asking the company to cover 1–3 extra months of premiums costs them relatively little and can be worth thousands to you.
- Accelerated equity vesting — If you have unvested RSUs or stock options close to a vesting cliff, asking for acceleration is reasonable and sometimes granted, especially if you've been with the company several years.
- A written positive reference letter — Many companies default to "neutral references" that only confirm employment. A specific written letter can significantly help your job search.
- Outplacement services — Career coaching and resume help. Low cost to the company, potentially high value to you.
- Keeping your laptop or other equipment — Often granted when asked. The company was going to repurpose it anyway.
How to negotiate severance without burning bridges
The key is framing. Never say the offer is unfair, never threaten legal action (let that remain implicit), and never make ultimatums. Instead, acknowledge the offer, express appreciation for your time at the company, and make a specific ask that you can justify with your tenure and contributions. The script this tool generates is designed around exactly this approach.
Most managers and HR professionals are not adversaries in this process. They often have more flexibility than you think, and they'd rather close the matter professionally than have it drag on.
How long do you have to sign a severance agreement?
Federal law (the ADEA) gives workers 21 days to review a severance agreement, and 45 days if the layoff affected a group of employees. If you are 40 or older, you also have a 7-day revocation period after signing, even if you've already agreed. Never sign on the day you receive the offer — not because you're being difficult, but because the law specifically gives you time to think, and you should use it.
Frequently Asked Questions
What if they say the offer is non-negotiable?
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This is almost never completely true. Even if the number of weeks is fixed by a company policy, other elements — health insurance, the reference letter, equipment — often aren't. Ask about each item individually rather than the package as a whole.
Will negotiating damage my relationship with my employer?
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If done professionally — which is what this script is designed for — almost never. HR professionals negotiate severance regularly. A polite, specific, well-framed ask is completely expected. What can damage relationships is an angry, emotional, or legally threatening response.
Should I hire an employment attorney?
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For packages over $20,000, an attorney consultation is almost always worth the cost. Many employment attorneys offer a free 30-minute initial consultation. They can identify if you have any legal claims that strengthen your negotiating position, which can be worth far more than their fee.
Can I negotiate if I was laid off for performance reasons?
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Yes — a performance-related layoff doesn't eliminate your right to negotiate severance. You may have less leverage on weeks of pay, but you can still ask for a reference letter, extended health insurance, and other non-cash items. The release-of-claims dynamic still applies.
What happens if I don't sign?
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You don't get the severance. You retain all your legal rights to pursue any claims against the employer. In most cases, not signing only makes sense if you intend to actually pursue a legal claim. For most people, the severance (even the initial offer) is worth more than the uncertain outcome of potential litigation.