How to Negotiate Severance

Severance Negotiation Strategy Builder

Enter your offer and what matters to you. You'll get priorities to consider, an illustrative discussion range, HR talking points, and a ready-to-send email draft. Everything runs in your browser — your inputs are never sent or stored, and nothing is saved when you leave.

Can severance be negotiated?

Often, yes. A severance agreement is a contract, and the employer is offering money in exchange for something they want: your signed release of claims. That mutual interest can be your leverage. Some employers will consider a focused, professional counteroffer; others may accept, reject, or modify a request. Negotiability depends on the employer's policy, precedent, plan rules, your leverage, and the agreement — no result is guaranteed. Keep every request accurate and avoid threats or misleading claims.

What parts of severance are negotiable

How winnable is each ask?

General guidance, not a guarantee — leverage depends on your employer, role, and state. Focus on one or two high-star items first.

How to anchor your ask

Anchor your request in objective factors, not personal need. The strongest evidence is your employer's written severance policy or planand recent comparable layoffs at the company — ask HR whether a severance plan or formula exists. As a planning heuristic (not a legal requirement or verified national average), people often illustrate an ask using one to two weeks of pay per year of service, adjusted for role level and precedent. See what can vary in a typical severance package before you set your number.

Not sure what's reasonable for your salary and tenure? The Severance Pay Calculator gives you a range to anchor on, and the Severance Tax Calculator shows the after-tax value.

What to say and what not to say

Timing and deadlines

Don't sign on the spot. Ask for the review deadline in writing, and request more time if you need it — this is normal. If you're 40 or older and the agreement waives age claims, federal law (the OWBPA) generally gives you at least 21 days to consider (45 in a group layoff) plus a 7-day revocation window. Start your negotiation early in that window so there's room for back-and-forth.

Negotiating COBRA

Asking the employer to cover or subsidize a few months of COBRA is a common request, and because it is a defined, budgetable cost it may be easier for some employers to consider than extra cash — though no request is guaranteed. See what COBRA actually costs in how much COBRA costs, and if the employer declines, compare COBRA against a subsidized Marketplace plan with the COBRA vs Marketplace Calculator.

Negotiating PTO, bonus, and commission

In many states, accrued unused PTO must be paid out regardless of what the agreement says — confirm it's included. Earned but unpaid bonus or commission is also frequently negotiable, especially if you were on track or the plan period had closed. Ask for both to be spelled out explicitly.

Negotiating equity, RSUs, and options

Equity is easy to lose by default, and the rules are set by your plan and grant documents, not by a single standard. Ask about vesting dates near your departure and whether any acceleration is possible. For stock options, check the post-termination exercise periodin your grant — some are short, and a 90-day period can also matter for incentive-stock-option (ISO) tax treatment. Review your grant agreement and the plan administrator's notice promptly, since these windows can be tight.

Negotiating references and outplacement

These often cost the employer little relative to their value to you. Ask for a neutral reference and an agreed description of your departure (dates, title, role elimination). If outplacement isn't already included — resume help, coaching, job-placement support — you can request it, though whether it is added depends on the employer.

Email templates & scripts

Copy, personalize the bracketed parts, and send. Keep the tone collaborative and pick one or two asks.

Subject: Follow-up on my separation agreement

Hi [name],

Thank you for walking me through the separation details. I've reviewed the agreement carefully and would like to discuss a couple of adjustments before signing. Could we set up a short call this week? I'm approaching this collaboratively and want to land on terms that work for both of us.

Thank you,
[Your name]

Given my [X] years here and my role as [title], I'd like to request severance in the range of [Y] weeks of pay. Comparable roles and the length of my tenure support this, and I'd appreciate your help getting closer to that figure.

Health coverage is a significant concern during this transition. Would the company be willing to cover or subsidize [3–6] months of COBRA premiums as part of the package? This is a defined, budgetable cost and would make a real difference for my family.

I want to confirm that my [X] days of accrued, unused PTO will be paid out, and that the [bonus/commission] I earned prior to my departure is included. Could you confirm both in the final agreement?

I'd like the agreement to include a neutral reference and an agreed description of my departure — for example, confirming dates of employment and title, and that the separation was part of a role elimination. This helps us both keep things professional going forward.

Before I sign, I'd like a bit more time to review the agreement carefully. Could we extend the deadline to [date]? I want to make sure I fully understand the terms, and I appreciate your flexibility.

I'm planning to have the agreement reviewed by an employment attorney before signing, which is why I've asked for a little additional time. I anticipate coming back with one or two focused points, and I remain collaborative and appreciative of the offer.

Your rights if you're 40 or older (OWBPA)

If your severance agreement asks you to waive age-discrimination claims, the federal Older Workers Benefit Protection Act (OWBPA)sets minimum terms for a valid waiver of ADEA age-discrimination claims by a worker 40 or older. Being 40 or older does not by itself trigger these periods — the agreement asking you to release age claims is what does. Where they apply they are strict, and they are on your side — use the time they give you.

Start negotiating early in that 21- or 45-day window so there's room for back-and-forth, and don't let anyone pressure you to sign before it's up. For the full checklist, decisional-unit explanation, an illustrative deadline tool, and templates, see the canonical guide: severance agreements over 40 (OWBPA).

Many people negotiate a straightforward package on their own. But some situations genuinely call for a licensed employment attorney— and the cost is often small next to what's at stake. Consider a review if any of these apply:

Many employment attorneys offer flat-fee severance reviews, so you can get a professional read without an open-ended bill. If you're weighing a firing vs a layoff and how it affects your rights, see laid off vs fired. This guide is educational and not legal advice.

Common mistakes

Frequently asked questions