Can I negotiate severance package?

UPDATED: Sep 30, 2022

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Can I negotiate severance package?

I have been working for my current employer for 13 years. Last year, when my current company layoff employee, he/she will get 2 weeks of pay for every year they served in this company as a severance. A couple months ago, my company was acquired by a Fortune 100 super corporation which is well known for not treating its employees well. Now they offer us a transitional period to find a job in their mother company until end of March 2017. It means my last day will be on 3/31 if I couldn’t make a transition. And I will be let go without any severance. I understand serverance is not required by law but if I still have options to negotiate some layoff package? If yes, how and what type of benefit I can propose/negotiate?

Asked on December 12, 2016 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are correct, most employees do not have a right to severance pay. That is unless it is provided for in an employment contract or a union agreement. Sometimes an employee can argue for severance pay if there is a company policy or practice of giving it. Unfortunately, your employer is now operating under a new policy which is one that does not give severance. It makes no difference what the policy of the original company was.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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