Anyone successfully negotiate severance? aka DH was laid off today

[footballmom]

Arrrrrgh.  DH was laid off today.  It is a small company and the owner handled it really poorly.  It is the middle of the pay period, the owner couldn’t tell him how much severance (“you’ll get a letter from HR”, which DH just got and they are only giving him two weeks) plus almost a month delay from the time DH signs the agreement to when they would pay out the piddly severance.  DH transformed his team from low performing to high performing and the owner is cutting his position now that they are tuned up and performing so well so he can put that budget into hiring for a sales person to bring in business.  

DH wants to push back and negotiate for more, including a bonus they owe him.  The owner has a nasty side (involved in a big lawsuit with a former business partner).  Has anyone successfully negotiated for more severance than originally offered? 
 

Not to be dismissive, but please no comments that this is a blessing based on the owner’s behavior.  DH went through a prolonged unemployment stretch before and this is very triggering for me.  Our kids have had some very heavy stuff this year and my tank is pretty empty going into this.

[Drama Llama]

I am so sorry, I have no experience with severance but just wanted to come and say that I am sorry.

[City Mouse]

I’ve never heard of being able to negotiate severance, but I don’t see any harm in asking for more at this point.

[TravelingChris]

I am so very sorry.  No experience at all since dh has only worked in one employee owned company since his retirement from the military.  But many hugs to you. I know how uncertainly can be such a hard burden to bear.  

[Arcadia]

When my husband’s previous employer layoff their entire department, people were able to negotiate severance. However, it was a large multinational semiconductor company and they didn’t have a cashflow problem. Besides the severance pay, health insurance and payment for unused paid time off is also part of the severance package. My husband and I have only worked for MNCs and they have generally offered one year one month severance pay except for a company that was delisted and in the process of filing bankruptcy. That company had a cap of four months severance pay.

[Katy]

I've only heard of negotiating it in tech positions where someone volunteered for a layoff.

[Carol in Cal.]

I’m very sorry to hear this.  I wonder whether there would be value in a brief exploratory visit to a lawyer to answer that question?

[saraha]

I’m so sorry

[Sneezyone]

Is it an 'at will' state? If so...there's very little help available. If it is and you have some qualifying condition or status, a lawyer could help.

[Kassia]

I'm sorry too.  I've been there and we are pretty sure it's going to happen again soon - it's very stressful.  

[Ausmumof3]

I’m really sorry. That would be extremely stressful right now. Hopefully with the current employment market he will get new work really quickly. 

[LucyStoner]

I pushed back on an employer and asked for significantly more severance.  That said, the subtext there was that they knew I had a pretty strong case against them if I chose to pursue it and they upped my severance and agreed to provide a strong reference because  I wouldn’t sign the NDA or release of liability if they didn’t.  

The director was a nightmare of toxic narcissism.  A decade after my departure, dude *finally* got fired.  It was long overdue.  

[plansrme]

It is common to negotiate for more severance, but it usually only works if you have some dirt on the employer (or the employer thinks you do, which is almost as good as actually having dirt). Small employers are much less likely to offer any severance at all. However, you will likely have better luck fighting back on the bonus if they truly owe it to him. If it is written anywhere--in a bonus plan, employment agreement, email, he should write a demand letter for the unpaid bonus. Give them a week or ten days to pay and then consult a lawyer if they do not. Depending on the state you're in, they may also owe him for unused vacation.

I'm sorry this is happening. 

[Scarlett]

I am so so sorry.  I know how stressful job loss is.  Dh has had the same job for 5 years now but before that in 7 years he lost about 4 jobs.  Ugh.  It is the worst!  ((((Hugs))))  I would definitely ask about more severance but not give it a lot of emotional energy.  

[kiwik]

I have been made redundant once when the contract we were all working on was terminated by my company (it had been costed wrong and they were losing enough money that breaking the contract was worthwhile to them)   We got two weeks notice but the boss did what he could to help people find jobs during that time.  Another job I was at they closed a division and anyone not redeployed was given a decent severance based on time.  A few people got 6 months pay.

Would any of the customers drop the firm if they found out?

Edited June 25, 2022 by kiwik

[TravelingChris]

On 6/23/2022 at 11:41 PM, Sneezyone said:

Is it an 'at will' state? If so...there's very little help available. If it is and you have some qualifying condition or status, a lawyer could help.

Not referring to OP's situation- since that is a small company but last week, I believe, a lawsuit has been started by laid -off Tesla workers in Nevada  because the employees claim that they are covered under a federal act WARN.  That requires employers laying off 100 or more employees to give 2 months notice and to also do that if a plant with 100 or more employees is closing. Nevada is an at-will state.   But federal laws and regulations normally apply to every state.