How to Negotiate Severance

Severance Negotiation Strategy Builder

Enter your offer and what matters to you. You'll get recommended priorities, a suggested ask range, HR talking points, and a ready-to-send email draft.

Can severance be negotiated?

Yes — and more often than people assume. 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 is your leverage. Employers frequently expect a counteroffer and would rather adjust terms than lose the release. A polite, specific ask rarely backfires.

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 calculate a fair ask

Anchor your request in objective factors, not personal need. A widely cited benchmark is two to four weeks of pay per year of service; many people open around three weeks per year and settle in the middle. Adjust for role level, company precedent, and how the layoff is being handled.

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 one of the most winnable requests — it's a defined cost they can budget and meaningful savings for you. If they decline, 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. Ask about vesting dates near your departure, whether any acceleration is possible, and — for options — the post-termination exercise window (often just 90 days). Even a small extension or a partial acceleration can be worth more than extra weeks of cash.

Negotiating references and outplacement

These cost the employer little but help you a lot. 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 — request it; many employers add it on request.

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.

Common mistakes

Frequently asked questions