Employee Survival Guide®
The Employee Survival Guide® is an employment law podcast only for employees about everything related to work and your career. We will share with you all the employment law information your employer and Human Resources does not want you to know about working and guide you through various work and employment law issues. This is an employee podcast.
The Employee Survival Guide® podcast is hosted by seasoned Employment Law Attorney Mark Carey, who has only practiced in the area of Employment Law for the past 29 years. Mark has seen just about every type of employment law and work dispute there is and has filed several hundred work related lawsuits in state and federal courts around the country, including class action suits. He has a no frills and blunt approach to employment law and work issues faced by millions of workers nationwide. Mark endeavors to provide both sides to each and every issue discussed on the podcast so you can make an informed decision. Again, this is a podcast only for employees.
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For more information, please contact Carey & Associates, P.C. at 203-255-4150, or email at info@capclaw.com.
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Employee Survival Guide®
Severance Negotiation Power Moves: No. 1
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The folder hits the table, the clock starts ticking, and your mind races. We’ve all heard “It’s standard” and “We can’t change this,” but that script is designed to rush you into signing away real leverage. We break down the severance playbook with five concrete moves that turn a shock into a strategy: challenge the first offer, value your signature as a release of claims, negotiate the full package beyond base pay, control your exit narrative and references, and use the attorney review window to slow things down and win better terms.
We get practical about why severance exists in the first place—closure and reduced legal risk—and how that fact helps you ask for more weeks of pay, employer-paid COBRA, accelerated vesting or option extensions, and even the right to keep your laptop. You’ll hear language to secure a neutral reference policy or an agreed statement for future employers, and why that single clause can matter more than extra cash. We also talk tactics: anchoring high without burning bridges, trading across issues when salary is tight but benefits are flexible, and documenting a credible narrative if you have potential claims like age discrimination or retaliation.
Most people sign too fast. We show you how to press pause with the attorney review card, script your asks, and summarize changes in writing so nothing slips through. The goal is a clean runway to your next role, on better financial and reputational terms. If you were a high performer or part of a messy layoff, your leverage is real—use it. Subscribe for more straight talk on employee rights, share this with a friend facing a layoff, and leave a review to tell us the one clause you’d fight for first.
If you enjoyed this episode of the Employee Survival Guide please like us on Facebook, Twitter and LinkedIn. We would really appreciate if you could leave a review of this podcast on your favorite podcast player such as Apple Podcasts and Spotify. Leaving a review will inform other listeners you found the content on this podcast is important in the area of employment law in the United States.
For more information, please contact our employment attorneys at Carey & Associates, P.C. at 203-255-4150, www.capclaw.com.
Disclaimer: For educational use only, not intended to be legal advice.
Welcome back to the Employee Survival Guide. Today we are discussing the conversation that nobody wants to have, but everybody needs to be ready for. The severance negotiation. If you've just been let go, take a breath. It feels personal, but to HR, it's just a transaction. And like any transaction, the terms are up for debate. HR will hand you a folder and a pen. Put the pen down. Here are the five secrets HR won't tell you about the severance agreement. Number one, the first offer is just an offer. It's a state of policies, just a myth. HR loves to say, we can't change this. It's the standard company formula. That is our negotiation tactic, not a law. Exceptions are always made every single day for people who ask, and we do them all the time. They expect you to be too shocked or scared to push back. If you have been a high performer or if the layoff was messy, you have leverage to ask for more weeks of pay than the policy dictates. Number two, this the signature is the product. You are selling your silence. Why are they paying you a severance? If you ever asked yourself that question, it's not out of a kindness of their hearts, of course. They are paying you to sign a general release of claims. This document prevents you from subsuing them for wrongful termination, discrimination, and unpaid wages. This that signature you provide is very valuable and it's valuable to the company. If you suspect you have any legal ground to stand on, like age discrimination or retaliation, your signature just got a lot more expensive. Remind them of the value. You know I talk about this all the time about creating that narrative to discuss your leverage against the company in the form of claims you have. Three, it's not just about salary. Secret number three is don't get tunnel vision on the paycheck, the amount of severance they're going to pay you. HR hopes you only look at the lump sum and forget the rest. Negotiate the entire package. Ask them for to pay your COBA premiums or health insurance for six months. We do this quite often. Ask for accelerated investing in your stock options. Ask for to keep your company laptop or phone. Sometimes HR has a strict budget for salary, but a flexible budget for benefits. Use that to your advantage. Number four, you can't control the narrative. Negotiate your exit story. A standard severance agreement might say you were, quote, terminated. This can hurt you in the future or in future interviews. You can negotiate a clause that dictates exactly what HR will say to future employers. Ask for a quote, neutral reference policy where the only where they, the employer, only confirms dates of employment or a mutually agreed upon letter of recommendation attached to the deal, which normally doesn't happen, by the way, folks. Usually they give a 1-800 work number to call. Control your reputation. It's worth more than cash. Number five, the attorney review bluff. I love this one. The attorney review card is something you should play every single time. HR wants this thing signed fast. You usually will hear you must sign within three days, two days, five days, whatever. When you receive the agreement, it always says, I need this, I need you to take this home and review it within. I'm sorry, you need to take it home and review with your attorney. That's what you need to tell them. Even if you don't have an attorney saying this signals you are serious. You know your rights and you know you and you aren't going to be bullied. Often it makes them sweat just enough to approve the that extra month of pay you asked for. No joke, I make people do this all the time. Uh I have a kind of a pet project of mine is I try to convince people who are former clients and friends of mine to create their own narratives. I'm doing this with a friend of mine right now. He knows the drill. Create that narrative, bluff it like you're playing poker, and you know, tell them you you got an attorney reviewing it and you're getting feedback. You know, just make it, you know, write it out in advance before you say it. And you know, take the script to your employer and saying, My attorney's having this problem with this, and we're is raising claims here, and I got this narrative affidavit I'm I'm going to provide you in a second. You provide the affidavit, it's notarized, and it says you're discriminated against for age, etc. It often does raise the stakes for the employer, so much so that I had a friend of mine, another friend, who uh made several thousands of dollars more than he thought when he used the affidavit format to do that. So remember, you you don't get what you deserve, you get what you negotiate. Stay strong and don't sign until you're ready. Thanks for listening to the employee survival guide. Have a great day.