How to Negotiate Severance: Scripts That Work

Most laid-off people sign the first severance offer. Most could have gotten more.

Companies offer a default. They expect 10 to 30% of employees to push back. When you do, you often win something. The downside: nothing, if you ask politely.

Here are scripts and tactics that work.

What Is Actually Negotiable#

Before you push, know what is on the table.

Highly negotiable

1. Outplacement services
2. Reference letter terms
3. Non-disparagement clauses
4. Health insurance continuation
5. Equipment retention (laptop, etc.)
6. Bonus payout for current year
7. Education or training reimbursement

Sometimes negotiable

1. Severance amount (more often at senior levels)
2. Severance timing (lump sum vs payments)
3. Non-compete length or scope
4. RSU vesting acceleration
5. PTO payout

Rarely negotiable

1. Layoff decision itself
2. Standard severance formula for non-senior roles
3. COBRA pricing (set by law)
4. Date of termination

Focus your effort on the highly negotiable items. They are easier wins and add up.

The Mindset#

Three things to remember:

1. The company already made the hard decision. They want this clean. You have more leverage than you think.
2. HR is not your enemy. They are following a script. Help them help you.
3. You will not get everything. Pick your top 3 asks.

The wrong mindset: anger, entitlement, threats. These destroy your leverage.

The right mindset: calm, professional, specific. "I appreciate the offer. I have some questions and requests."

The Initial Response Script#

When you receive the severance offer, do not accept on the spot. Use this script:

Thank you for sharing this with me. I want to make sure I 
understand the package fully and have time to review it 
carefully. Could I have until [date 7 to 14 days out] to 
respond? I will also have a few questions and may have some 
requests after I review.

This buys you time and signals you will negotiate.

The Negotiation Email#

After you have reviewed the offer, send an email to HR (in writing, so they have to respond formally):

Subject: Separation Agreement Questions and Requests

Hi [HR contact],

Thank you for working with me through this transition. I have 
reviewed the separation agreement and have a few questions and 
requests:

1. Severance amount: The current offer is [X] weeks. Given my [Y]
   years of service and contributions including [specific 
   accomplishment], I would request increasing this to [Z] weeks.

2. Non-disparagement: The current clause is mutual but quite 
   broad. Could we narrow it to specific statements rather than 
   any negative remarks?

3. Reference letter: Would the company commit to providing a 
   positive reference letter, with my input on content, that I 
   can share with future employers?

4. RSU vesting: My next vest date is [date], [X] weeks after my 
   separation. Would the company consider accelerating that vest 
   given the close timing?

5. Outplacement services: I would appreciate if outplacement 
   services could be included or extended.

I am happy to discuss any of these on a call. I want to make this 
transition smooth for both sides.

[Your name]

This template works because:

1. It is polite
2. It asks specifically, not vaguely
3. It includes 3 to 5 items so they can give on some
4. It signals goodwill ("smooth for both sides")
5. It is in writing, so they have to respond

Specific Tactics That Work#

Tactic 1: Anchor with research

Before asking for more weeks, research what is standard.

For tech: 1 week per year of service is the default, but 2 weeks per year is common at FAANG and well-funded companies.

For non-tech: typically 1 to 2 weeks per year, capped at 12 to 26 weeks.

Reference data:

• Levels.fyi has severance data for some companies
• Blind has anonymous discussions of severance packages
• Glassdoor has some data

When you ask for more, cite the standard:

Industry standard for senior engineers at companies of this size 
is 2 weeks per year of service. With my [X] years here, that would 
be [Y] weeks vs. the current [Z] weeks offered.

Tactic 2: Trade what is easy for them for what is valuable to you

Outplacement services cost the company very little. Reference letters cost nothing. Removing non-disparagement clauses costs nothing.

If they will not budge on weeks of severance, push hard on these.

Tactic 3: Highlight your specific contributions

Generic asks fail. Specific asks based on your contributions land.

Bad: "I gave a lot to this company."

Good: "I led the migration of [system] which saves the company [$X] annually. I would request additional severance to reflect that work."

Tactic 4: Use the calendar

If your next equity vest is days or weeks after your termination date, push for acceleration. It is unfair to lose a year of vesting because of timing.

Script:

My next vest is on [date], [X] weeks after the proposed separation 
date. The RSUs vesting on that date are worth approximately [$Y]. 
I would request either:
1. Accelerating those RSUs through the vest date, OR
2. Pushing my separation date to [date] to include the vest.

This is a legitimate ask. Often granted.

Tactic 5: The "single ask" close

After back and forth, you might be down to one final ask. Use this:

I appreciate the additional [thing they agreed to]. I would feel 
good about closing this out if we can address one final item: 
[specific item]. If that works for you, I am ready to sign.

This frames it as the last barrier. Often closes deals.

What to Push Back On Specifically#

Non-disparagement clauses

These are usually overly broad. Try to narrow:

The current non-disparagement clause restricts any negative 
statements. Could we narrow this to specific false statements? 
Honest professional assessments to future employers or peers 
should not be restricted.

Some companies will agree. Some will not.

Non-compete clauses

If you signed a non-compete years ago, the layoff is your chance to negotiate it out.

Given the involuntary nature of this separation, I would request 
release from the non-compete in section [X] of my employment 
agreement. This restricts my ability to find work in my industry.

Many companies will not enforce non-competes against laid-off employees anyway. Getting written release reduces uncertainty.

Reference letter

Get this in writing. Always.

I would appreciate a reference letter signed by [my manager or 
director] confirming my role, tenure, and contributions. I can 
draft it for review.

If they agree, write the letter yourself emphasizing key skills. They edit and sign.

Equipment

Many companies will let you keep your laptop. Ask:

Would I be able to keep my work laptop? I can purchase it at fair 
market value if needed, but would prefer to receive it as part of 
the separation package.

Common ask, often granted.

When to Get a Lawyer#

Get a lawyer if:

1. Your severance is $50k+ (the cost of consultation is worth it)
2. The non-compete is broad and could affect your next role
3. You signed something during your employment that limits your options
4. There is any hint of discrimination or wrongful termination
5. You are an executive with complex equity arrangements

A 1-hour consultation is $200 to $500. For high-value cases, this pays back many times over.

To find a lawyer:

1. State bar referral service (often free)
2. NELA (National Employment Lawyers Association)
3. Avvo or similar lawyer review sites

Mistakes to Avoid#

Mistake 1: Accepting on the spot

Always take time. 7 to 14 days minimum.

Mistake 2: Getting emotional in writing

Anger in email kills negotiations. Keep it professional. Vent to a friend, not HR.

Mistake 3: Threatening litigation casually

If you have a legitimate legal claim, hire a lawyer. Do not casually threaten "I might sue." This makes HR shut down.

Mistake 4: Asking for too much

If you ask for 3x the standard, you sound out of touch. Anchor reasonably (50 to 100% more than offered) and negotiate down.

Mistake 5: Burning bridges

Even in a layoff, your reputation matters. The person on the other side will be at another company in 2 years. Be the professional one.

Mistake 6: Forgetting the small wins

Outplacement, reference letters, and a clean non-disparagement are real wins. Do not dismiss them because you wanted more weeks.

What Companies Actually Care About#

Knowing what HR is optimizing for helps you:

1. They want signed agreements quickly (cleaner books)
2. They want to avoid legal risk (do not sign reckless things)
3. They want to maintain reputation (severe layoffs hurt recruiting)
4. They have set budgets but can flex within them

Use this. Frame your asks as "this lets us close this out cleanly."

Sample Outcomes#

What real people negotiated in 2025:

• Senior engineer, 5 years: increased from 5 to 10 weeks severance, kept laptop, got reference letter
• Marketing director, 3 years: same severance but got 3 months extended health insurance, kept work equipment
• Junior engineer, 1 year: original 2 weeks, kept at 2 weeks but got non-disparagement removed
• PM lead, 4 years: original 8 weeks, increased to 14 weeks plus accelerated RSUs
• Sales rep, 2 years: kept severance but got Q4 commission paid in full and reference letter

The pattern: senior people often get more on amount. Everyone can win on smaller items.

What If They Refuse Everything#

Sometimes HR will not budge. Two options:

Option 1: Accept what is offered

If you have no leverage and need the money, sign. Move on.

Option 2: Walk away from severance

If the agreement has unacceptable terms (like an overly broad non-compete that kills your career), you can refuse to sign.

You lose the severance. You also lose the non-disparagement, non-compete, and any other restrictions in the agreement.

This is rare but a real option. Talk to a lawyer first.

After Signing#

Even after you sign, keep your tone professional. The world is small.

1. Send a brief thank you note to your manager
2. Offer to help with transition
3. Connect with key coworkers on LinkedIn
4. Do not bad-mouth the company publicly

You will need references from this company. You might end up working with these people again. Stay civil.

Move On to Job Search#

Severance negotiation is one piece. The bigger task is the next job.

Use the JobRise free ATS checker to score your resume against new roles. Use the free cover letter generator for applications.

Most importantly: do not let the severance negotiation consume your job search time. Set a deadline (typically 1 to 2 weeks of negotiation) and move on.

The next job is what matters most.

What to Do This Week#

If you just got a severance offer:

1. Do not respond today
2. Take 24 hours to review
3. Identify your top 3 asks
4. Send the negotiation email
5. Set a deadline (7 to 14 days)

Negotiating severance is the highest hourly rate work you will do this year. Two hours of writing can return $5k to $50k. Do it.