Negotiate Severance Package Oregon

Summary

Negotiating a severance package in Oregon may be possible if past conflicts or perceived unfair treatment influenced your layoff. Consider whether the layoff disproportionately affects your protected class and if the criteria align with legitimate business needs. Gather documentation or witnesses supporting your claim. Even if not part of a protected class, focus on recent performance and business needs. Research industry severance standards and address perceived unfairness. Consider potential implications of a romantic relationship between managers affecting decision-making. Discuss concerns with HR if necessary.

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I was offered a minimal severance package at layoff and am trying to determine if there is a reason to negotiate. I am an at-will software engineer in the state of Oregon. The decision for layoffs was made by the manager of a single team. * of the * team members are being laid off. I am part of a protected class. The official reason given for layoffs is that they are retiring projects the team was hired to work on. There are underlying circumstances which I have been told by employees to be the actual reasoning I specifically was laid off. There are large differences in achievement and experience amongst the employees laid off, but all were offered an identical severance package. No severance is guaranteed by the employment contract. Ask questions about underlying circumstances and performance differences to determine if there is any cause to believe the company has offered severance to avoid legal liability which could be leveraged to negotiate higher severance.
To explore potential leverage for negotiating a better severance package, could you provide more details about the underlying circumstances you mentioned that might have influenced your layoff?
First Circumstance: I have been at the company for around 6 years. In my first months of employment, there was an abusive manager (AM) leading the team. AM reported to the manager currently performing layoffs (LM). AM *. Directly called one employee stupid during most interations until that employee quit. *. Threatened to fire me as a means to end discussions relevant to my role in the team. *. Created an uncomfortable environment by monitoring regular employee conversation in a traditionally collaborative environment, and insisting employees not talk to the extent that employees began to email people next to them to avoid being overheard. I talked to the team and determined all had decided to seek other jobs due to AM. I described the situation to LM with the team in-person. The abusive manager was let go, since that occurred, * employees have since told me that LM considers me to be the reason AM had to be let go, and therefore considers me difficult to work with.
It sounds like there could be potential grounds for negotiating a better severance package, especially if there's a perception that your layoff might be related to past conflicts rather than performance. To better understand your situation, could you share more about the performance differences among the employees laid off?
All * employees laid off were part of the conversation about removing AM. Of the * employees not laid off, * of them was employed during the AM situation, but avoided taking a stance. In terms of skills * of the employees being laid off have had notable performance issues, or self-labeled as "checked-out". The other employee has show great growth within their position but has significantly less years of experience than me, and contributes less to the management and planning parts of the job.
Case Rating: *
It seems like there could be a link between your layoff and the past issue with the abusive manager, especially as you're part of a protected class. The uniform severance package for employees with varied performance levels might suggest a legal liability concern from the company.
- Consider whether the layoff disproportionately affects your protected class.
- Evaluate if the layoff criteria align with legitimate business needs.
- Gather any documentation or witnesses supporting your claim about past conflicts influencing the layoff decision.
Would you like to proceed with negotiating the severance package based on potential discrimination or retaliation grounds?
Is that a reasonable way to proceed considering it happened 6 years ago and I am not part of a protected class?
Case Rating: *
It's reasonable to consider negotiating your severance package, even if you're not part of a protected class. Factors to consider:
- Timing: Six years is a long time, so focus on recent performance and business needs.
- Documentation: Gather evidence of unfair treatment.
- Severance Norms: Research industry severance standards.
Your layoff might not strongly indicate discrimination, but addressing perceived unfairness might still warrant negotiation.
Second Circumstance: I am aware of a 3 month romantic relationship between LM and the planning lead of my team (TL). I do not believe there is company policy requiring the relationship to be reported, however it occurred around the time of a restructuring in which TL was promoted to a planning and management role, which would likely come under scrutiny if the relationship was discovered. I am personal friends with TL, and unaware if LM is aware that I know of the relationship. I am unsure if this situation has any legal ramifications, but TL was one of the employees that strongly advised keeping me during layoffs, but whose reasoning was repeatedly dismissed.
Case Rating: *
It's understandable to question the implications of the romantic relationship between LM and TL, especially given the timing of the restructuring. While there may not be direct legal issues, it could raise concerns about conflicts of interest or favoritism. It might be worth discussing with HR if you believe it impacts fairness in decision-making. Would you like to explore other options for addressing your concerns?