I've been laid off and offered a severance package that I think is unfair. What recourse do I have?
If you’ve been laid off and offered a severance package, you have probably also been given 21 or 45 days to consider the package. First, use the time well. Here are some general principles:
Severance packages are generally negotiable. But, the extent to which you can negotiate varies quite a bit. Employers are not required to offer the same package to everyone as long as they don’t violate federal, state or even local antidiscrimination laws.
Many employers will negotiate because they want something before you leave. They want you to give up your right to sue them for anything in the past or present. They may also want non-compete and confidentiality agreements if you are not covered by similar agreements signed at hiring.
If you ask for a better package, you are technically rejecting the offered package and the employer may withdraw it. Your severance package probably also advises that you have the option to review it with your own attorney. That’s good advice; take advantage of that option. If you try to improve on the package, you will probably be better off negotiating through an attorney who practices employment law.
Image: US Whig Poster showing unemployment during the Panic of 1837, Wikipedia Commons.
