– Most disturbingly, in order to get any severance Arthur had to promise not to work for any competitor of his employer for one year, even though this was the only kind of work he had ever done. ������NA����U�XGe|D��L�H���E�Z��K�2P�6؉�G[e��%����㕅�&`'{T� �vJ�� %��C��|��1J�����#vPr6�8J� �q�Cc�#�X�xdG��A`. Sometimes, severance offers “take more than they give.” Each severance offer has to be reviewed carefully, and has to be evaluated as a complete “package.” It is sometimes the case that signing a severance agreement, and receiving severance monies, is an overall negative step, and is “just not worth it.” A difficult balancing of several factors is always necessary. The letter must be checked for any mistakes after writing. If your employer does agree to give you a glowing reference, you’ll definitely want to get that in writing in some form. The original severance document was an offer that gave you up to 21 days to consider it. I will continue to be a professional, and I believe we can make this a smooth transition for both our parties, but there are a few basic demands that I need you to meet: 1) I need a severance package. We tried to negotiate away some of these problematic provisions, but were not successful. Requested Revisions Refused? Alan L. Sklover, Employment Attorney and Career Strategist for over 35 years. An employer is not required to respond to the letter and you should have been told that the severance being offered can be retracted. All rights reserved. Thank you for your attention, and cooperation regarding this matter. That is simply not the case. A note about our Actual Case Histories: In order to preserve client confidences, and protect client identities, we alter certain facts, including the name, age, gender, position, date, geographical location, and industry of our clients. Severance Pay. A severance agreement template should include details like how much pay the employee will be entitled to after termination, when benefits will be discontinued, etc. People sometimes think there are “magic” words to say, “magic” sentences to write, or “magic” phrases to use, when asking for additional severance. Delivered by Email – Instantly! h�266R0P���w�/�+Q����L)�666�)�I0id��M�� D��3S�� *V?�� U? If any provision of your severance offer is objectionable to you, don’t be afraid to object to it. 1. • Terms & Conditions h�T���1�W��)�M�΂���IEp�=w�q(�4�¼�V�S�O��c���\����8J��\ The two most important pieces of advice offered by employment professionals: Take some time to digest your company’s severance offer, and do … And always do what you can to achieve for yourself, your family, and your career. While receipt of money may be enticing, the overall “deal” must be reviewed in totality. SkloverWorkingWisdom™ emphasizes smart negotiating – and navigating – for yourself at work. %PDF-1.6 %���� Seldom, if ever, have I seen that step taken, but it is possible as the offer is not binding on either party until accepted and finalized. Post was not sent - check your email addresses! As the original 5 orthodontists are nearing retirement, they are passing the business over to sons. “No Thank You” is not necessarily forever: One last thought: If you should decide that, overall, the severance offered to you is not worth accepting, in light of the “strings” attached to it, saying “No Thank You” can be the very thing that might convince your employer to make some (or all) of the changes you have requested. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Severance is not given to employees as a present, as a token of appreciation, or as a symbol of love. endstream endobj 408 0 obj <>stream Now, as the due date has gone, and I have not received a confirmed written response from you, I request you to please send me your response within [no. endstream endobj 407 0 obj <>stream ��m�2�4��T�Y�������e�. Bear in mind what you are being paid in severance is taxable income. And even if that does not take place, if you later change your mind, and decide to say, “Yes, I accept” your employer will likely permit you to do so, regardless of any deadline passing, bad feelings, or other intervening events. One of the most common methods of making a counteroffer is to write a counter offer letter—a written or email response by the applicant to the employer's original job offer. I handle severance agreements every day. Companies offer severance packages that they believe employees will accept, which is not necessarily the same severance package that a judge would consider fair. of days] days from the receipt of this letter in order avoid complications in this case. ], – In order for Arthur to receive the payments and continued insurance, Arthur also had to give up the unvested stock he had been awarded the two previous years, and any claim to the sales commissions the Company owed him, which together totaled about $50,000. ], – In order for Arthur to receive these payments and insurance, he had to give up any claims he had to the annual bonus he was scheduled to receive the following month, which was the equivalent of about three months of salary. The amount of severance your employer offers initially is not necessarily the amount you need to agree to. Learn the trade secrets and ‘uncommon common sense’ of Attorney Alan L. Sklover, the leading authority on “Negotiating for Yourself at Work.”, • How to use our Model Letters I wish it was that simple, but it never is. • Alan L. Sklover’s Blog. P.S. Take all available steps to increase and secure employment “rewards” and eliminate or reduce employment “risks.” That’s what SkloverWorkingWisdom™ is all about. For example, if a provision says that you must pay back all severance if the company believes you violated the severance agreement, always ask that the words “and a court has ruled it is correct” be added to the sentence. 406 0 obj <>stream :� "����/�e��?���^��}�s� ���{�C΍r~3��go�ȝ�����������Ր��M�B���JG>�佰� x�q�?�������x���+�awڣ��[CZ�#�Y�Q��8M ��(��;$3�je�$>�+�F�()1j�`��ʤ�R'�lE�%�A��x�_(3 WK�w�u���l��t���)�2����+`Q���{y5�|������Y��Z�ޛ��f�Ȫ��y��9FEy.fE�_�ce86��2pjY�UB"}�5�j��3�@4;�X��v��h^h�s�&Y@���dIZ#M�r���ȻV���j�� �I�h�r�aQ���)����� 8lf*

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