Laid-off employees are often worried that their former employer will retract the original offer if they ask for increased severance or better terms.
While it is technically possible that the company could withdraw the offer, it rarely, if ever, happens. A few have ultimately refused to negotiate, but virtually all have extended the time period for the former employee to accept the original offer.
Why don’t employers withdraw their original offers when an employee demands more money?
Companies offer severance to get a former employee to release his or her claims against the company. In other words, employers want to make sure the former employee does not sue them or file a charge with the Equal Employment Opportunity Commission (EEOC). If the employer withdraws the offer, the employee will have no choice but to sue. And companies do not want to have to fight lawsuits filed by former employees. Even if the employer is convinced they did nothing wrong, lawsuits are expensive to fight.
A piece of advice: The earlier you contact a lawyer to work on your behalf to increase your severance, the more success you will likely have. Employers contacted the day or two before your severance offer expires often refuse to negotiate or extend the time period of the offer.
Employers contacted at least a week before the deadline, in our experience, have always extended the time period for consideration of the original offer – and most have negotiated an increase.
How Can Jackson Spencer Law Help?
Jackson Spencer Law lawyers have years of experience in severance negotiation. We can evaluate whether you have a basis to potentially increase the amount of severance you receive. We can help you decide whether to try to increase your severance or get the severance terms changed (including potentially detrimental non-compete clauses).
If you decide to hire Jackson Spencer Law to help you with your severance deal, then we will immediately start negotiations with your former employer. We will always consult with you first to keep you fully advised and ensure that you are on board with the work Jackson Spencer Law does on your behalf.
And we will do that work at no cost to you unless we obtain an increase in severance for you over the amount you were initially offered. For a free consultation, contact us at firstname.lastname@example.org or 877-239-6274.