Happy New Year, you're fired.
Tips for negotiating severance in the new year
For those employers who are so kind to wait until after the holidays, you may be facing the inevitable upon return. If you are offered severance, please keep in mind the following tips:
1) Do not, I repeat do NOT sign anything right away.
2) Do not I repeat do NOT take the first offer.
3) Even if your employer is unwilling to negotiate for more money there are always other terms that can be negotiable, such as....
4) Terms of payment: you can change the length of time, the matter in which you are paid, and even the tax structure by which you are paid.
5) Unemployment insurance: always ask that they not object to your application for unemployment insurance; even if you were laid off you want this spelled out in writing.
6) Non disparagement clauses can be made mutual: if they don't want you to talk smack about them, then you can ask that they don't talk smack about you.
Also, if you have not yet been terminated but suspect it’s coming, be sure to save your receipts! You can get locked out of your work email at ANY moment!
One of the most painful aspects of being terminated is when employers lock you out immediately of your email and any other work related documents.
At this point it's too late to download or save anything relevant that could be helpful to you and your attorney in negotiations.
That's why it's so important not just to document everything, but to SAVE what you need to your personal computer.
Here are a few examples of what to save:
your employee handbook
other workplace policies not contained in the handbook
your original offer letter and / or contracts
any document you signed related to your employment
any correspondence that demonstrates abuse of conduct by your employer
your performance reviews and any objective measures of your performance
your personnel file if you have access to it (In CA they must provide it within 30 days of asking for it)
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