Legal Advice - Anyone Ever Negotiated Severance?

Nov 8, 2012
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Looking for some tips - has anyone ever been laid off but had a case where you felt as though you deserved more out of a severance? As in, the company is willing to pay you more so you don't bring up legal issues to keep your mouth shut?

Any advice from someone possibly experienced?
 

SunnyD

Belgian Waffler
Jan 2, 2001
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www.neftastic.com
Walk in to HR, ask, "Any chance we can negotiate a better severance package?"

If yes, negotiate away.

If no, sue their asses?
 

apac

Diamond Member
Apr 12, 2003
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Looking for some tips - has anyone ever been laid off but had a case where you felt as though you deserved more out of a severance? As in, the company is willing to pay you more so you don't bring up legal issues to keep your mouth shut?

Any advice from someone possibly experienced?

Severance is designed to avoid exactly this situation. When you sign the paperwork for the package, you basically are agreeing to not sue the company. You always have the option to not sign the paperwork and take them to court, but unless you have a very strong case (read: whistleblower) it's probably not in your best interest.

Most companies also have a well-defined severance policy and you'll have a hard time negotiating for more money. Especially if you want to stay legal.
 
Nov 8, 2012
20,842
4,785
146
Severance is designed to avoid exactly this situation. When you sign the paperwork for the package, you basically are agreeing to not sue the company. You always have the option to not sign the paperwork and take them to court, but unless you have a very strong case (read: whistleblower) it's probably not in your best interest.

Most companies also have a well-defined severance policy and you'll have a hard time negotiating for more money. Especially if you want to stay legal.

Severance is designed to shut you up in all shapes and sizes. Shut up about all the bad things you saw. Shut up to the media about the company. Shut up about sueing us because after signing this document you cant. Shut up and don't work for our competitors, etc.. etc..

I had some issues involving HR to say the least and I feel like I got dick'd over.
 

PenguinPower

Platinum Member
Apr 15, 2002
2,538
15
81
Looking for some tips - has anyone ever been laid off but had a case where you felt as though you deserved more out of a severance? As in, the company is willing to pay you more so you don't bring up legal issues to keep your mouth shut?

Any advice from someone possibly experienced?

Here's some advice from someone that sits on the other side of the table during RIFs...you can sign the agreement, collect the pay and still file a charge with the EEOC.

If you're looking for a payday, severance agreements are routinely held invalid because ex-employees can claim they did not waive their rights "knowingly and voluntarily."

If you file suit in court under the ADEA you don't even have to return the severance payment, and in some circuits you don't have to return the payment for suits filed under Title VII, ADA or other discrimination laws.
 

SunnyD

Belgian Waffler
Jan 2, 2001
32,674
146
106
www.neftastic.com
Severance is designed to shut you up in all shapes and sizes. Shut up about all the bad things you saw. Shut up to the media about the company. Shut up about sueing us because after signing this document you cant. Shut up and don't work for our competitors, etc.. etc..

I had some issues involving HR to say the least and I feel like I got dick'd over.

If you're ABSOLUTELY SURE that they did something illegal, then consult a lawyer.
 
Nov 8, 2012
20,842
4,785
146
Here's some advice from someone that sits on the other side of the table during RIFs...you can sign the agreement, collect the pay and still file a charge with the EEOC.

If you're looking for a payday, severance agreements are routinely held invalid because ex-employees can claim they did not waive their rights "knowingly and voluntarily."

If you file suit in court under the ADEA you don't even have to return the severance payment, and in some circuits you don't have to return the payment for suits filed under Title VII, ADA or other discrimination laws.

Yeah my only problem is I really don't want to go through legal hassles. I want to make "non-threatening-sounding-but-CLEARLY-I'm-threatening" 5 minute conversation that comes out to a little bit of a bigger figure. I don't want $250,000.00 because I slipped on a floor.
 

PenguinPower

Platinum Member
Apr 15, 2002
2,538
15
81
Yeah my only problem is I really don't want to go through legal hassles. I want to make "non-threatening-sounding-but-CLEARLY-I'm-threatening" 5 minute conversation that comes out to a little bit of a bigger figure. I don't want $250,000.00 because I slipped on a floor.

I'd tell you to f-off and take us to court.
 

apac

Diamond Member
Apr 12, 2003
6,212
0
71
Yeah my only problem is I really don't want to go through legal hassles. I want to make "non-threatening-sounding-but-CLEARLY-I'm-threatening" 5 minute conversation that comes out to a little bit of a bigger figure. I don't want $250,000.00 because I slipped on a floor.

Hahaha good luck. Might as well hire a mobster to go "pay them a visit". Either lawyer up, or quit whining and take your severance.

The world isn't fair. Live and learn.
 

apac

Diamond Member
Apr 12, 2003
6,212
0
71