What’s Negotiable in a Severance Agreement?

Severance agreements can be a lifeline for employees facing job loss, offering financial security and clarity during uncertain times. Whether you’ve been offered a package or are considering negotiating your terms, it’s essential to understand what’s on the table and how to secure the best possible outcome. At Marshall Forman & Schlein LLC, we help employees protect their rights and ensure the benefits of their severance agreements are upheld.

Understanding the Purpose of Severance Pay in Ohio

Ohio is an at-will employment state, meaning employers are not legally required to provide severance pay unless agreed upon. However, severance agreements are often used to provide financial compensation in exchange for specific concessions from the employee. These agreements might arise in scenarios such as layoffs, restructuring or the resolution of potential legal disputes.

Typically, severance pay gives employees monetary support as they transition to a new job. It may also serve to protect the employer by making employees sign a release of claims, ensuring that no legal action is taken against the company following termination.

Can Ohio Employees Negotiate Their Severance Pay?

The short answer is yes: severance pay can often be negotiated, depending on your circumstances. Factors such as your tenure, role and contributions to the company can influence your ability to negotiate successfully. Understanding your legal rights and consulting an experienced attorney can significantly impact your outcome.

What Terms Can Be Negotiated?

Severance agreements can include far more than just the final paycheck. Employees should consider negotiating various components to create a more comprehensive package:

1. Financial Compensation

The amount of severance pay is the most common point of negotiation. The standard offer might include one to two weeks of pay per year of service, but depending on your position or potential claims, you may be able to request more. Assess the value of any unpaid bonuses, commissions or unused vacation days and request these be factored into your severance amount.

2. Insurance and Benefits

Maintaining health insurance after job termination can be crucial. Employees can negotiate extended health coverage, with the employer covering the costs for a specified period. Additionally, you could request benefits such as outplacement services to assist with your job search.

3. Non-Monetary Terms

Some negotiable terms focus more on ensuring a smooth transition:

• Neutral reference language to safeguard your professional reputation
• Waiving non-compete or confidentiality clauses
• Payment terms, such as receiving a lump sum versus periodic installments
• Retention of equipment, like laptops or mobile devices, especially if they are job-related

4. Release of Claims

Most severance agreements include a provision requiring employees to forfeit their right to sue. Before signing this, it’s critical to understand its implications, particularly if workplace issues played a role in your termination.

Review Your Severance Agreement With a Knowledgeable Attorney

Navigating severance agreements can be overwhelming, but you don’t have to handle it alone. The terms you agree to will have a lasting impact on your professional and financial future. At Marshall Forman & Schlein LLC, we endeavor to obtain fair outcomes for Ohio employees. If you’re facing a severance negotiation, contact us today for a case evaluation.