What to do next
Read the release before the number
The offer is usually conditional on signing a full and final release. That is what ends the matter, and it is generally irreversible. Note the deadline - and know that asking for an extension to get advice is a routine request.
Establish whether a termination clause binds you
If your contract limits severance and the clause is enforceable, that is your entitlement. If it could pay less than the statutory minimum in any scenario, courts have commonly struck it entirely - which changes the analysis completely.
Check what the offer leaves out
Benefit continuation, bonus or commission earned or accruing during the notice period, unvested equity, vacation pay and pension contributions. Offers frequently address salary alone.
Consider the non-monetary terms
A reference letter, the wording of the departure announcement, timing of payment for tax purposes, and the scope of any non-compete or non-solicit are all negotiable and sometimes worth more than an extra week.
Respond in writing, through counsel where the amount justifies it
A reasoned counter-proposal referencing the contract and comparable notice periods is more effective than a general request. Most severance disputes resolve by negotiation rather than litigation.
Frequently asked questions
Will negotiating make the offer disappear?
Employers generally expect some negotiation, and the statutory minimum is owed regardless of the outcome. Get advice before responding if you are concerned about the dynamic.
How much notice is reasonable?
There is no formula. Courts weigh length of service, age, the nature of the position and the availability of comparable work. Anyone quoting a fixed rate per year of service is oversimplifying.
Does taking a new job reduce what I get?
It can. Earnings during the notice period are generally deducted, which is why the timing of a settlement matters and why advice before accepting a new role is useful.
What lawyer handles this?
An employment lawyer acting for employees. Ask about fixed-fee review, contingency arrangements and what a negotiation would realistically cost.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.