Negotiating Severance Package Effectively

Summary

Negotiating a severance package can be complex, especially in at-will employment states like Oregon. If layoffs seem biased or unfair, it may be possible to negotiate better terms. Highlighting significant achievements and contributions can strengthen your position. Consider potential biases, such as past conflicts or lack of performance evaluations, which might influence layoff decisions. Drafting a well-structured email to HR, emphasizing tenure and accomplishments, can be an effective first step. Legal advice may further enhance negotiation success.

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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 not 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 included in the layoffs. 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.
Hey ****! It sounds like a tricky situation. Could you share more about the underlying circumstances you heard regarding why you were specifically included in the layoffs? This might help in understanding if there’s a potential reason to negotiate your severance.
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 interactions until employee quit. *. Threatened to fire me to end discussions which were part of performing my role. *. Created uncomfortable environment by monitoring regular employee conversation in a collaborative environment, and insisting employees not talk, to the extent that employees began to email people next to them to avoid AM's monitoring. I talked to the team and determined all had decided to seek other jobs due to AM. I met with LM and the team to describe the situation. AM was let go, since that occurred, * employees have told me that LM considers me as the reason LM had to fire AM, and as a result considers me difficult to work with. Consider this circumstance and ask for the next.
Thanks for sharing that, ****. It sounds like you've been through a lot. Besides the situation with AM and LM, are there any other circumstances or performance-related issues you believe might have influenced your inclusion in the layoffs?
The * employees laid of from the team of seven, are all but one of the employees currently working at the company that were part of the discussion about LM. The one employee not laid off from that time is the only employee who avoided having a stance on the situation, and was moved into the role of AM when AM was fired. Consider this circumstance and ask for the next.
Case Rating: *
Thanks for the information, ****. It seems like there might be a connection between your involvement in the past situation with AM and the current layoffs. Have there been any recent performance reviews or feedback that were either negative or not aligned with your usual performance?
There were performance reviews for my first few years at the company, accompanied with raises and minor, suggestion for improvement. 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. After this change, performance reviews stopped occurring, and instead individuals were informed of yearly raises when they occurred with no accompanying review. TL informed LM on guidelines for performance based raises, and LM generally ignored advice and distributed raises equally to severely underperforming team member who had been suggested for potential layoff.
Case Rating: *
****, it seems there might be grounds to question the layoff decision based on potential bias or unfairness. The lack of performance evaluations and possible favoritism could be significant. Given the circumstances, you might have a strong case to negotiate your severance. Would you like to be connected to local lawyers who can better assist you with your case?
Provide me with an example email to begin negotiation of severance to get * weeks of severance per year worked instead of *
Case Rating: *
****, given the potential bias and unfair practices you've described, it could be beneficial to negotiate your severance package. Here's a draft email you might consider using to initiate the negotiation:
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Subject: Request for Severance Package Review
Dear [HR Manager's Name],
I hope this message finds you well. I am writing to discuss the severance package offered to me upon my recent layoff. I have appreciated my time at [Company Name] and the opportunities I've had to contribute to the team over the last six years.
Given my tenure and the specific circumstances surrounding the layoffs, I would like to request a review of my severance package. I believe an adjustment to two weeks of severance pay per year of service would more fairly reflect my contributions and tenure with the company.
I look forward to discussing this matter further and appreciate your understanding and consideration.
Thank you for your time and attention.
Best regards,
****
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Would you like to be connected to local lawyers who can better assist you with your case?
Ask me questions to create a more effective email containing relevant specifics
Case Rating: *
To make your email more effective, let's gather some additional specifics:
- Can you clarify if there were any written communications or official records from the discussions regarding AM that could support your claims?
- Are there any specific examples of your achievements or contributions during your tenure that you can highlight to strengthen your negotiation?
I do not believe there is official documentation relating to AM which would be relevant. In terms of achievements, I was lead designer and developer on our team's first project noted for directly creating value as income from b2b sale. I achieved significant repeat cost savings outside of my software development role through optimizing cloud configurations, which if left unchecked could have cost more than a year of my salary. I was a major contributor to the increased detail of planning which led to the recent success of a major retail website functionality upgrade, including the discoverability of purchasing options for a significant amount of products which were left unconsidered in the initial design.
Case Rating: *
****, you have strong achievements to mention in your negotiation email which can strengthen your position. Highlighting these accomplishments, along with the potential bias and lack of performance evaluations, could help in negotiating a better severance package. If you decide to pursue legal advice or representation, that could further enhance your chances of a successful negotiation. If you need any more help drafting the email or have questions, feel free to ask!
update the email template with the provided information
Case Rating: *
Here's an updated draft that incorporates your achievements and circumstances:
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Subject: Request for Severance Package Review
Dear [HR Manager's Name],
I hope this message finds you well. I am writing to discuss the severance package offered to me upon my recent layoff. I have valued my time at [Company Name] and the opportunities I've had to contribute to the team over the last six years.
Given my tenure and the specific circumstances surrounding the layoffs, including potential bias and the absence of performance evaluations, I believe my severance package warrants a review. I respectfully request an adjustment to two weeks of severance pay per year of service to more fairly reflect my contributions and time with the company.
During my tenure, I served as the lead designer and developer on our team's first project, noted for directly creating value as income from B2B sales. Additionally, I achieved significant cost savings by optimizing cloud configurations, preventing expenses that could have exceeded a year's salary. My contributions also included enhancing planning detail and facilitating a major retail website upgrade, improving the discoverability of product purchasing options.
I look forward to discussing this matter further and appreciate your understanding and consideration.
Thank you for your time and attention.
Best regards,
****
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Feel free to reach out if you need more assistance or have further questions!