Severance Packages

An employer is not required to give severance pay to an employee unless an employment contract requires it, or the employee handbook or manual indicates that the employer has a policy of doing so. However, an employee may be able to negotiate a severance package in exchange for a promise to waive any legal claims against the employer. An attorney can explain your options and advise you as to whether a severance package or a wrongful termination claim will make more sense in your situation.

If you and your attorney determine that negotiating a severance package will be the best course, you will want to have a strategy for negotiations. Here are a few tips:

• Stay calm when you are terminated.
• Take time to think over any offers from the employer.
• Ask your employer to confirm any terms in writing.
• Do not automatically accept the employer's first offer.
• If possible, refuse an employer's offer that you resign instead of being terminated.
• Try to stay on the payroll as long as possible.
• Negotiate with the employer to continue providing medical and dental coverage while you are receiving severance pay.
• Make sure that the severance package is in no way contingent on new employment.

Legal Help with Wrongful Termination Claims

If you have been fired, you may have rights to severance pay, damages, or unemployment compensation. In certain circumstances, you may also have a valid claim for wrongful termination against your former employer. To learn more about your rights upon losing a job, and to ensure that those rights are protected, contact an experienced employees' rights attorney near you.