How to negotiate severance

Take the time you have

Many U.S. workers have 21 days to consider a separation agreement, and 45 days in group layoffs — under the Older Workers Benefit Protection Act, for workers 40 and over. State laws sometimes add protection. Even where those specific windows do not apply, most employers will grant a reasonable review period if asked. Use it. A signed release you regret cannot be unsigned.

Know the number before you talk about the number

Before responding, run the severance calculator using your salary, tenure, PTO, and expected job-search length. That gives you an anchor: what would keep you whole for a reasonable runway. That number is what you counter against the offer, not against your feelings about it.

Anchor with specifics

Vague asks get vague answers. Instead of "can you do better?", write "given my tenure and the timing, I'd like to request severance of X weeks (approximately $Y), payment of all accrued PTO with my final check, and three months of employer-paid COBRA." Specific requests can be answered; general ones can be politely declined.

Package everything into the first counter

Ask for what you want in one letter. Second and third rounds get harder. Include PTO payout, COBRA or healthcare bridge, reference letter, and (if relevant) treatment of unvested equity. See the counter-offer letter builder for the full clause set.

Where the leverage comes from

Your leverage is not that you can sue. Your leverage is that the employer wants a clean, quiet separation with a signed release. That has value to them. A calm, specific, reasonable counter gives them a version of that outcome they can approve.