Can i get more than the maximum weeks of severance offered by my employer?

I am getting the maximum weeks of severance offered by my employer? If I hire an attorney to negotiate, would I have a chance on receiving more? I do have some claims. Can company withdraw offer altogether if my attorney sends a letter stating possible claims and asking more?

2 answers  |  asked Nov 24, 2015 07:44 AM [EST]  |  applies to Florida

Answers (2)

Phyllis Towzey
As Mr. Schofield stated, an employer can withdraw the offer of severance at any time. Typically they will not do so - particularly if you do, as you stated, have viable claims against the company - because they want you to sign the release that goes along with the severance. However, it can happen. In 28 years of practice, I have seen it happen only 2 times, both from small, closely held company's whose owners were offended by the employee's attempt to negotiate a better severance.

You should have a lawyer evaluate whether your claims are in fact viable, then make an informed decision about whether to ask for more.

posted by Phyllis Towzey  |  Nov 24, 2015 12:55 PM [EST]
Arthur Schofield
Not sure what you mean my maximum. Unless you have a legal entitlement to severance, generally through an Employment Agreement or Contract, there is no entitlement to any severance and an employer can offer as much or as little as it wants or feels persuaded to provide. Any offer for any severance can be withdrawn until accepted, however, you should have a lawyer look at your offer and if negotiations do take place they should be done in a way that does not alienate the employer to cause it to withdraw the offer.

posted by Arthur Schofield  |  Nov 24, 2015 09:52 AM [EST]

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