Email templates

Severance Email Templates: Asking and Negotiating

Seven emails you can actually send, in the order you need them. Get the details in writing first — you cannot negotiate what you have not been told.

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Quick Answer

What do I actually send to HR after a layoff?

Two emails do most of the work. Email 1 gets the facts in writing — including both your final day actually working and your official employment termination date, which are frequently different and carry different consequences. Then one negotiation email with two or three specific asks, sent before your signing deadline rather than after it.

Emails 3 to 7 below are for the situations the standard counteroffer does not fit: a cash formula HR says is fixed, a health-coverage problem, an unpaid bonus or commission, a vesting date just out of reach, and HR going quiet. Pick the one that matches your problem — do not send several.

Estimated time: Email 1 today · negotiation email within your deadline
What you need: Your separation agreement, your tenure, and your signing deadline

Step 1 — Get the details in writing

Send this first, before any negotiation. A verbal summary in a termination meeting is not something you can review, and the answers below determine whether there is anything worth negotiating at all. Note question 1: ask for both dates.

Email 1 — request severance details

Subject: Follow-up on separation and severance details

Hi [HR contact name],

Thank you for the information today. I want to make sure I understand the details of my separation. Could you please confirm the following in writing:

1. Two dates, separately: (a) my final day actually working, and (b) my official employment termination / separation date.
2. The amount and conditions of any severance, and how it was calculated.
3. The deadline I have to review and sign the separation agreement.
4. When I'll receive my final paycheck and what it includes, including any PTO or vacation payout.
5. The exact date my health coverage ends, and when I'll receive COBRA election paperwork.
6. How any bonus, commission, and vested or unvested equity will be treated, including relevant dates.
7. Whether the company will confirm title and dates on reference and employment-verification requests.

I'd appreciate having these in writing so I can review everything carefully within the deadline. Thank you again for your help.

Best regards,
[Your name]
[Phone / personal email]

Before you act

Why ask for two dates instead of “my last day”?

Because different rules attach to different dates, and in a real separation they often diverge. Benefits usually end on a plan-defined date. Equity vests on a grant-defined date. Final pay follows state wage law. And if you are on a work visa, the immigration consequence runs from the cessation of employment — not from your final paycheck and not from the end of salary continuation. See the visa layoff guide if that applies to you. When the dates diverge, a few days can be worth a vesting tranche or a month of coverage.

Step 2 — Pick two or three asks, not eight

This is the part that decides whether a negotiation email works. A long list reads as a wish list and invites a blanket no. Two or three specific, justified asks read as a considered request and are easy for your contact to take to whoever decides. Find your row, lead with that ask, and add one low-cost extra.

How to choose which severance terms to ask for
If this describes you	Lead with	Why it works
Long tenure (5+ years) with a light multiplier	The cash amount	Tenure is the most objective argument available and the easiest to state without sounding entitled. Anchor to years of service and any published policy.
Senior or hard-to-replace role	Cash, plus the separation date	Individually negotiated exits have far more room than formula-driven group layoffs. Level is a legitimate basis for asking for a different tier.
Strong, documented performance history	Cash or an extra month of continuation	Useful precisely because it separates you from a performance narrative. Reference specific reviews or ratings rather than self-assessment.
A bonus or vesting date within ~90 days	The separation date	Often the highest-value and easiest-to-grant ask on the page. Moving a date does not change the formula everyone else received, which is why employers approve it more readily than cash.
High health costs, or dependants on the plan	COBRA or benefit continuation	A defined, bounded cost the employer can budget. Where cash is fixed, this is usually where the flexibility actually sits.
You know what colleagues were offered	Whichever term differs	Company precedent is persuasive and unemotional. Refer to it as an understanding of the standard package, not as an accusation of unfairness.
A short signing deadline	An extension, first	Ask for time before you ask for money. An extension costs the employer nothing, is very commonly granted, and gives every other ask room to be considered.
You believe the termination may have been unlawful	Nothing — yet	Do not raise it in an email to HR. Speak to an employment attorney before you write anything, because what you say now shapes what happens later.

Employers vary enormously in what they will move on, and nothing here is a prediction about your employer. These are the asks most often worth raising, ordered by how easy they generally are to grant — not a promise that any of them will be.

Step 3 — Send one negotiation email

Severance is generally not required by federal law, so an offer is often the employer choosing to pay for a signed release. That is what gives a request its footing: you are discussing the terms of a trade, not asking for a favor. Keep it short, unemotional and specific — and send it before your signing deadline, not after.

Send the one that fits your situation. Email 2 is the general counteroffer. Emails 3 to 6 each solve a different problem — they are alternatives, not a sequence.

Email 2 — the basic severance counteroffer

Subject: Response to separation agreement — [your name]

Hi [HR contact name],

Thank you for sending the separation agreement. I've reviewed it and I'd like to ask you to consider a few adjustments before I sign.

1. Severance amount. Based on [X years] with the company and my role as [title], I'd like to ask for [specific number] weeks rather than the [current number] offered.

2. Health coverage. Would the company consider covering [number] months of COBRA premiums, or adding an equivalent amount to the cash severance?

3. References and characterization. I'd like to confirm the separation will be described as a role elimination, and that the company will confirm title and dates on reference requests.

Could you also confirm my review deadline so I can respond within it?

I appreciate you taking these to whoever makes the decision, and I'm happy to discuss.

Best regards,
[Your name]
[Phone / personal email]

Email 3 — when HR says the cash formula is fixed

Subject: Separation agreement — two requests outside the severance formula

Hi [HR contact name],

Thank you for confirming that the severance formula is applied consistently across the affected group. I understand the cash number isn't something you can move for one person, so I won't ask you to.

I'd like to ask about two things that sit outside the formula:

1. Separation date. My [RSU vesting date / bonus eligibility date / benefits milestone] falls on [date]. Would the company consider setting my official employment termination date as [date] so that [specific item] is captured? This doesn't change the severance calculation.

2. [COBRA subsidy / outplacement / extension of the option exercise window] — a defined, one-off cost rather than a change to the package structure.

Both are things I understand the company has accommodated before. If either needs approval above your level, I'm glad to put the request in whatever form is most useful.

Best regards,
[Your name]
[Phone / personal email]

Email 4 — health coverage and COBRA

Subject: Health coverage question before I sign — [your name]

Hi [HR contact name],

Before I sign, I'd like to resolve the health-coverage side.

1. Could you confirm the exact date my coverage ends, and the date I should expect the COBRA election paperwork?

2. My monthly COBRA premium would be approximately $[amount] for [myself / my family], which is a material cost during the transition. Would the company consider paying [number] months of premiums directly, or adding an equivalent amount to the cash severance?

3. [If relevant] I have [an ongoing treatment / a scheduled procedure] on [date], so continuity of coverage matters more than the timing alone would suggest.

If a subsidy isn't possible, an extra [number] weeks of benefit continuation would achieve something similar. I'd appreciate knowing either way before my signing deadline of [date].

Best regards,
[Your name]
[Phone / personal email]

Email 5 — bonus, commission and PTO

Subject: Earned compensation not addressed in the agreement — [your name]

Hi [HR contact name],

Reviewing the separation agreement, I don't see the following addressed and I'd like to confirm how each will be handled.

1. Annual bonus. The [performance period / plan year] closed on [date] and my rating was [rating]. I'd like to ask that the bonus for that completed period be paid, or prorated to my separation date.

2. Commission. [Deal / account name] closed on [date] and [invoiced / was booked] on [date]. Under the [plan name], I understand that commission to be earned. Could you confirm when it will be paid?

3. PTO and vacation. Could you confirm my accrued balance, whether it will be paid out, and that the payout is separate from the severance figure rather than folded into it?

I'd appreciate written confirmation on each before my signing deadline of [date].

Best regards,
[Your name]
[Phone / personal email]

Email 6 — equity and vesting dates

Subject: Equity treatment and separation date — [your name]

Hi [HR contact name],

I'd like to clarify how my equity will be treated, and raise one date-related request.

1. My next vesting date is [date], covering [number] [RSUs / options]. My current separation date is [date], which falls [number] days short. Would the company consider setting my official employment termination date as [date] so that tranche vests? I understand this doesn't change the severance formula.

2. For vested options, could you confirm the post-termination exercise window and the deadline? If it is [number] days, would the company consider extending it, given [the current trading window / the tax consequence of exercising within that period]?

3. Could you confirm the treatment of any [PSUs / unvested grants / ESPP contributions] and the relevant dates?

If the date change isn't possible, I'd like to understand the equity position precisely before I sign, so I can weigh it properly.

Best regards,
[Your name]
[Phone / personal email]

Email 7 — following up when HR has not responded

Subject: Following up — separation agreement response due [date]

Hi [HR contact name],

Following up on my email of [date] regarding the separation agreement. I know this is a busy period, so I'll keep this short.

My signing deadline is [date], which is [number] days away. So that I'm not forced to decide without an answer, could you either:

  (a) let me know the company's response to the requests in my earlier email, or
  (b) confirm a short extension to the review deadline so there's time to consider it properly?

If it's easier, I'm happy to have a brief call at any time this week.

Thank you,
[Your name]
[Phone / personal email]

What not to put in the email

Everything you send can be forwarded, filed, and read back to you — including by lawyers, if it ever comes to that. Five things to leave out.

Unsupported legal accusations

Saying the layoff was discriminatory, retaliatory or unlawful in an email to HR does not strengthen a negotiation. It converts a routine request into a matter for legal, usually ends the flexibility, and commits you to a position before you have taken advice. If you genuinely think you have a claim, that conversation belongs with an employment attorney first.

Threats, explicit or implied

Hinting at a lawsuit, a public post, or contacting a regulator to obtain a better number is the fastest way to get every request declined and the file escalated. Ask for things because they are reasonable, not because of what you might do otherwise.

Exaggerated claims

Inflating your contribution, the revenue you influenced, or what colleagues were offered is easy to check and expensive when checked. Specific, verifiable facts — tenure, rating, a closed deal, a vesting date — carry all the weight you need.

A long personal history

How much you gave the company, how the news landed, how unfair the process felt — all real, and none of it changes a decision. The person reading your email is applying a policy. Keep it to what they can act on.

Anger, sarcasm, or anything written at midnight

Write it, then send it the next morning after re-reading it. The version you would send tonight is almost never the version that works.

What tends to be negotiable — and what rarely is

Often movable: the separation date

Shifting your official termination date by a few weeks can carry a vesting date, a bonus eligibility date, or an extra month of coverage with it. It is frequently easier for an employer to approve than a larger cash number, because it does not change the severance formula everyone else received.

Often movable: COBRA or benefit continuation

Paying some months of premiums is a defined, bounded cost, and it is a common ask. Where cash is fixed by a formula, this is often where the flexibility actually sits.

Often movable: the review deadline

An extension costs the employer nothing and is very commonly granted. Ask for it first — it gives every other request room to be considered properly.

Sometimes movable: the cash amount

In a large layoff run to a formula, the multiplier is usually applied consistently and is the hardest thing to change, because moving it for one person creates a problem across the group. In a smaller or individually negotiated exit, there is more room.

Worth asking: how the separation is described

Confirmation that the exit was a role elimination, and what the company will say on a reference check, is a low-cost ask that can matter to you for months. Employers frequently agree to confirm title and dates; policies on anything beyond that vary.

Rarely movable: the release itself

The general release is usually the thing the employer is paying for. Asking to delete it tends to end the conversation, because it removes the reason the offer exists. Narrowing a specific carve-out is a different and more realistic request.

Before you send anything — deadlines and tone

If you are 40 or over and the agreement asks you to waive or release age-discrimination claims under the ADEA, the Older Workers Benefit Protection Act sets minimum periods for a valid waiver: at least 21 days to consider an individual agreement, at least 45 days plus specified disclosures where the waiver is requested in connection with an exit incentive or other employment termination program offered to a group or class, and at least 7 days to revoke after signing. Those periods apply because of the ADEA waiver — an agreement that does not ask you to release age claims is not automatically subject to them. Use whatever time you have.

And keep the tone neutral throughout. Do not put anything in writing you would not want read back to you, and leave legal claims to a lawyer if you think you have one.

Frequently asked questions

What should I ask HR in writing after a layoff?+

Ask for the things that determine everything else: your final day actually working and your official employment termination/separation date (these are often different), the severance amount and how it was calculated, your signing deadline, your final paycheck and PTO payout, when health coverage ends and the COBRA details, and how bonus, commission and unvested equity are treated. Email 1 on this page asks for all of it in one message.

Why does the difference between my last working day and my termination date matter?+

Because different rules attach to different dates. Benefits usually end on a plan-defined date, equity vests on a grant-defined date, payroll follows state wage law, and — if you are on a work visa — immigration consequences run from the cessation of employment rather than from your final paycheck. When those dates diverge, a few days can be worth real money. Ask for both explicitly rather than accepting a single 'last day'.

How many things should I ask for in a severance negotiation?+

Two or three, not eight. A long list reads as a wish list and invites a blanket no; a short, specific, justified list reads as a considered request and is easy for a manager to take upstairs. Pick using the framework on this page — tenure, seniority, a near-term bonus or vesting milestone, health costs, company precedent, and how much of your deadline is left.

Is it worth negotiating if HR says the formula is fixed?+

Often, though not always on the cash. In a large layoff run to a formula, the multiplier is usually applied consistently because moving it for one person creates a problem across the group. What tends to have room is everything around it: the separation date, a COBRA subsidy, bonus or commission treatment, outplacement, references, and the review deadline. Email 3 is written specifically for that situation.

What should I not put in a severance email?+

Unsupported legal accusations, threats, exaggerated claims about your value or the company's exposure, anger, and a long personal history. Anything you write can be forwarded, filed and read back to you. If you genuinely believe the termination was unlawful, that belongs with an employment attorney, not in an email to HR.

How long do I have to decide on a severance agreement?+

Whatever your agreement says — ask for the deadline in writing if it is not stated. Separately, where the agreement asks a worker aged 40 or over to waive age-discrimination claims under the ADEA, the Older Workers Benefit Protection Act sets minimum periods: at least 21 days to consider an individual waiver, at least 45 days plus specified disclosures for a waiver requested in connection with an exit incentive or other employment termination program offered to a group or class, and at least 7 days to revoke after signing.

What if HR does not reply to my email?+

Follow up once, briefly, and anchor it to your deadline — Email 7 on this page. Silence before a signing deadline is a real risk, so the follow-up should both repeat the ask and request an extension if a decision is not going to arrive in time. Copy your manager or the HR lead only if the original contact has gone genuinely unresponsive.

Sources & methodology

The waiver deadlines cited above come from the EEOC's guidance on the Older Workers Benefit Protection Act and apply to waivers of ADEA claims. Facts last verified August 25, 2026. The templates themselves are drafting suggestions, not legal documents.

Understanding Waivers of Discrimination Claims in Employee Severance Agreements — U.S. Equal Employment Opportunity CommissionThat an ADEA waiver must give at least 21 days to consider an individual agreement, at least 45 days plus disclosures for an exit incentive or other employment termination program offered to a group or class, and at least 7 days to revoke after signing. · Last verified Aug 25, 2026
29 C.F.R. § 1625.22 — Waivers of rights and claims under the ADEA — U.S. Equal Employment Opportunity CommissionThe regulatory requirements for a knowing and voluntary ADEA waiver, including the consideration and revocation periods and the group-program disclosures. · Last verified Aug 25, 2026
Severance Pay — U.S. Department of LaborThat severance pay is a matter of agreement between employer and employee and is not required by the Fair Labor Standards Act. · Last verified Aug 25, 2026

Before you sign

Run the offer through the severance pay calculator to see the full value and what is missing, read the severance agreement red flags, and work through the full negotiation guide if you want the strategy behind these emails.

Educational only, not legal advice. For a larger package, an unusual release, or if you think the termination itself may have been unlawful, have an employment attorney review the agreement before you sign.

Put a number on itLaid off, or worried it's coming? Start with the next right step.Free layoff calculators, a live WARN tracker, and plain-English guides to severance, unemployment, COBRA and H-1B deadlines.Open the home calculator

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