Severance Negotiation Tactics

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If you been employed this last decade you likely have seen through several human resources myths, like “Employees are our most important assets”, and “Our Code of Conduct requires honesty and professionalism by all members of management”.   One that persists is the requirement to give two weeks notice at time of resignation.  Really?  And, how does that square with an employer’s favorite doctrine of “at will” employment?

As a California based employee, here are a few things for you to consider:  Read More >>>


Two Weeks Notice & HR Myths (2016)
This Blog is not legal advice; this website and all comments are all general interwebz information for California employees. For legal advice, consult your lawyer or hire me!  No interaction with this website creates an attorney-client relationship or privilege. Copyright Thomas C. Walker, Esq. © 2015-7. All rights reserved.
When US government agencies and the National Labor Relations Board attack what has been fairly standard language in severance and release agreements it’s worth noting.  Particularly with respect to standard clauses like non-disparagement, non-solicitation and confidentiality.  Read More >>>.
Attacks on Restrictive Covenants in Severance Agreements (2016)
Benchmarking Severance [proceed with caution]  (2016)
Industry practice surveys can be dangerous as bench-marking and strategy assessment tools.  They are by nature rear view mirror looking, exclusive to the target market of the surveying consulting firm, and present a rather narrow view of broad industry practices and trends.  They should not be read as  realistic guidelines for your severance deal, (and that’s not their purposes).  Nonetheless, these excellent organizations have offered these survey  summaries, and knowledge is power.  See Surveys & Read More >>>

Job or Career? Does it Matter?  (2015)
In my working experience ‘careers’ were noted by their linear progression: there was a beginning, middle and end. You progressed as a naive learner to accomplished performer to becoming a senior authority and/or key resource. Jobs on the other hand a had a static quality, you are essentially the same resource to the employer on day 5000 as you were on day 1. (Interesting comparison here.)  And...Read More >>>

I am not recommending a Do It Yourself approach to exit packages and severance negotiations, but I am hardly suggesting that the reader isn’t smart and savvy enough to represent themselves adequately, perhaps superbly.  But, even the best negotiator may suffer from a lack of direct experience in this unique event, (and a third party perspective as an exiting employee), jumping into their own severance negotiations.

If you are going to negotiate for your exit and your package, here is a discussion of what I think are the most common negotiating dysfunctions current & former employees suffer in getting their desired deal from their employer: Read More >>>

Employment Exits & Severance - Top Ten Negotiating Blunders (2016)
The BATNA of Severance Negotiation (2016)
​The Best Alternative to a Negotiated Agreement in the context of severance negotiations has a speculative value for both parties, and this fact presents an opportunity for leveraging and interest positioning. Read More >>>

Non Compete Game Changer – Cal. Labor Code Section 925, SB 1241(2016)
​One dirty little secret of Silicon Valley companies is the hiring of leased employees, contract employees, subject to non-competes / non-employment restrictions by their primary “vendor” employers. These are inserted in leasing organization / tech vendor employment contracts. These contract employees are prohibited from quitting to join certain named employers, and these restrictions often last for a year or more after their termination of employment from the vendor. Thanks to SB 1241, signed into law as Labor Code Section 925 by Governor Brown a few Sundays ago, these forum shifting clauses are voidable for contracts entered into, modified, or extended on or after January 1, 2017. Read more >>>

The Velocity of Severance Negotiation, “…time kills all deals…” (2017)
Many experts refer to the “ripeness” of potential deal, when the power and pain have matured or ripened to the degree that both sides are ready to settle. In the context of an employment separation, this ripening seems pressure cooked -- it’s not unusual for the Human Resources department to leave the impression with a terminating employee the agreement offered needs to be accepted or declined in a matter of days.  Read More >>>