Subject: Separation agreement,
,
Thank you for the conversation this week, and for putting the agreement in writing. I have a few questions after reviewing it.
My tenure is years, and the proposed weeks sits below the one-to-two weeks per year range that is standard for roles at my level. I would like to discuss bringing the package to weeks, or alternatively months of continued health coverage.
I am also asking that the agreement confirm the company will not contest my unemployment claim, and that my reference be limited to dates of employment and title, which I understand is standard.
I am prepared to sign promptly once we have the terms right, and I would like to keep the process to the next week if possible.
The email does not mention lawyers, discrimination, or anger. It names the norm, asks for something specific, and offers speed in exchange. Norm for scale: the most common US severance formula is one to two weeks of base salary per year of service, with individual contributor packages often capped between sixteen and twenty-six weeks.
| Ask | Why it is winnable | Company's counter |
|---|---|---|
| More weeks | The single most common successful ask; "two additional weeks" is specific and bounded, approvable without a committee | |
| Employer-paid health months | The full cost of coverage is about to land on you; months of premium coverage are worth real money | |
| Outplacement services; bonus proration | If you want them, and a bonus you partly earned | |
| Clean language | Neutral reference clause, promise not to contest unemployment, removal of any non-compete; costs the company almost nothing, which is why it is winnable |
Read the whole package before weighing the headline number: weeks of pay, unused vacation, employer-paid health months, outplacement, prorated bonus, unemployment non-contest, plus the release of claims, any non-disparagement clause, occasional non-compete, and the rehire-eligibility line. Timing: you are not obligated to use all twenty-one or forty-five days, and companies often prefer you sign sooner; a polite, fast, specific counter in the first week is a fair trade.
| Window | Rule |
|---|---|
| Individual termination, age 40+ | at least 21 days to consider the severance waiver |
| Group program, age 40+ | 45 days, plus a disclosure listing the ages and job titles of everyone selected and everyone retained |
| After signing | a 7-day revocation window during which you can change your mind |
| Under 40 | no statute sets your window; the deadline in the letter is the company's choice and negotiating it is fair game |
Do not sign in the meeting. If anything smells like a legal claim (recent protected-activity timing, a demotion history, an odd pattern in who was cut), spend an hour with an employment attorney before you counter; the OWBPA disclosures that came with a group-layoff letter are exactly what a lawyer wants to see. Tax note: severance is wages, most employers withhold a flat 22% federal on supplemental payments, and the true-up belongs in your runway haircut.