Atlanta, GA asked in Employment Law and Employment Discrimination for Georgia

Q: Negotiating a severance package before getting attorneys involved.

Company is downsizing and I was laid off. I get it. However, I was offered a weak severance package. Should I amicably counter with what I believe is fair (3 times what they offered), without introducing the hostile work environment and age discrimination I felt I experience during my tenure? Or should I at least hint at it, thereby indicating what next steps might look like if they don’t agree to my terms?

1 Lawyer Answer
Kimberly N. Martin
Kimberly N. Martin
  • Employment Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: This is a good question. Understandably, you do not state how long you have been with the company, how much they are offering you, and how much you would accept. However, I think it may be beneficial for you to get a free consultation from an employment lawyer to assist you in determining an amount of severance that you would accept that the company may agree to based upon the specific facts as well as discuss what you would say when you speak with the company. A lawyer can also let you know the type and amount of damages you may be entitled to should you not accept the severance or should the company not accept your counter-offer. It may well be worth it to try to negotiate something on your own. However, there is a lot of value for you to get a free consultation to help you try to negotiate it on your own with the lawyer on stand by should negotiations fail. Hope that helps!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.