Severance offers are rarely non-negotiable, even when the paperwork implies otherwise. This calculator compares your offer against typical benchmarks based on tenure and role, and identifies what else might be on the table - COBRA subsidies, extended benefits, and outplacement services often go unmentioned unless you ask.
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An employment attorney reviews your severance agreement's release language, non-compete or non-disparagement clauses, and negotiates for improved terms before you sign. Many severance negotiations are resolved with a single attorney letter.
There's no legal requirement for severance pay in most circumstances - it's a matter of company policy or negotiation, not a guaranteed right (unless promised in an employment contract or required by a mass layoff law like the WARN Act). That said, common benchmarks exist: 1 to 2 weeks of pay per year of service is a frequently cited baseline, with more generous packages at senior levels or larger companies.
Beyond base severance pay, a complete package can include: COBRA health insurance subsidy for a period of months, payout of accrued but unused PTO, outplacement career services, extended equity vesting or exercise windows for stock options, and a neutral employment reference agreement.
If you're weighing whether the termination itself may have been unlawful before deciding whether to accept a severance offer, check the wrongful termination screener - a valid legal claim significantly increases your negotiating leverage.
Nearly every severance agreement includes a release of claims - you agree not to sue the company for anything related to your employment or termination, in exchange for the severance payment. This typically covers discrimination, wrongful termination, wage claims, and other employment-related legal claims you might otherwise have.
If you're 40 or older, the Older Workers Benefit Protection Act requires specific procedural protections for a valid release of age discrimination claims: at least 21 days to consider (45 for group layoffs), a 7-day revocation period after signing, and advice to consult an attorney. A release that doesn't meet these requirements may not validly waive your age discrimination claims even if you sign it.
Before signing away your rights, it's worth understanding what those rights might be worth - use the wage theft calculator to check for any unpaid wage issues, since a severance release typically waives those claims too.
Non-disparagement clauses restrict what you can say about the company publicly, and sometimes what the company can say about you - though these are increasingly limited in enforceability regarding factual statements about illegal conduct in some states. Confidentiality clauses often require you to keep the severance amount and terms private.
Some agreements also include or reaffirm non-compete and non-solicitation provisions from your original employment agreement - check the non-compete enforceability checker if these terms seem broader than what you originally agreed to, since severance negotiations are a good opportunity to narrow or eliminate restrictive covenants in exchange for signing.