You’ve reviewed the offer. You know it’s low. You’ve done your research, you understand your leverage, and you’ve decided you’re going to ask for more. Now comes the part that stops most people: the actual conversation. That conversation is uncomfortable for almost everyone, and that’s exactly what employers count on. Here’s how to walk in prepared.
Know Who You’re Talking To
Before you say a word, understand who is sitting across from you, because it shapes everything. HR professionals are trained to present the offer and manage the process. They often have limited authority to deviate from what they’ve been given. Pushing hard against an HR representative who has no power to move on the number wastes your time and strains the conversation.
Your direct manager may have more emotional investment in how you leave, especially if the relationship was good. That can work in your favor, or against you if the termination was contentious.
Legal counsel, if they’re involved, is there to protect the company. They’re not there to help you. Treat that conversation accordingly.
First, unless you have already been told the reason for your termination, ask: why am I being terminated? Write down the reason given. If you have actually been terminated for an unlawful reason, this information will be very important.
If you’re not sure who has the authority to actually change the terms, it is reasonable to ask. You can say: “Who has the ability to approve changes to the package?” That question alone tells you where to focus your energy. You would be well-served to conclude the termination meeting here. Do not sign the severance agreement during this first meeting, no matter how much pressure is put on you to do so.
What To Do After the First Meeting
First, seriously consider contacting an experienced employment lawyer to discuss whether your termination may have violated state or federal law. If you were wrongfully terminated, you will be better able to negotiate a better severance amount or terms with the assistance of an employment attorney than going it on your own. Keep reading below, though, if you decide to go it alone.
How to Open the Negotiation
Most people open in one of two ways: they either apologize for asking or they come in swinging. Both are mistakes.
You don’t need to apologize. You have a right to negotiate. At the same time, anger or ultimatums early in the conversation close doors before you’ve had a chance to open them.
A clean, professional opening sounds something like this: “I’ve reviewed the offer, and I’d like to discuss the terms. I want to reach an agreement that works for both of us, and I have a few specific things I’d like to address.”
That framing signals that you’re serious, prepared, and not there to make the situation difficult. It sets a tone that keeps the conversation productive.
How to Make Your Ask
Vague requests get vague responses. “I was hoping for a little more” gives the other side nothing to work with and makes you easy to dismiss. A specific ask is harder to brush off.
Know the number you want before you walk in, and begin the negotiation by asking for more than your bottom number. Negotiations go back and forth with the employer offering slight increases and you agreeing to accept slight decreases. But you’ll end the negotiation before it starts if you start out asking for pie-in-the-sky numbers.
“Based on my tenure and the scope of what I’m being asked to sign, I’d like to propose X weeks of severance” is a real ask. It tells the employer you’ve thought about this and that you’re prepared to have a real conversation.
The same principle applies to non-cash terms.
If you want continued health coverage for a set period, a change to how your departure is characterized, or a modification to a non-compete, say so specifically. Employers negotiate terms far more often than employees realize. They’re rarely surprised by these requests, and a specific ask shows you understand what’s actually on the table.
How to Respond When They Push Back
Three phrases come up in almost every severance negotiation. It helps to know how to handle each one before you hear them.
“This is our standard package.” Standard packages are starting points. They’re not ceilings. A reasonable response: “I understand this is your starting point, and I’d like to discuss whether there’s room to adjust it based on my specific situation.” You haven’t accused them of anything. You’ve simply declined to treat “standard” as final.
“We can’t go higher on the number.” This is where you shift to non-cash terms if you haven’t already. Health coverage, outplacement assistance, the language around your departure, relief from a non-compete — these carry real value, and employers often have more flexibility there than on the base payment.
“We need an answer by Friday.” Don’t rush a decision involving a legal document. Artificial deadlines are a pressure tactic.
If you are over 40, federal law under the Older Workers Benefit Protection Act gives you 21 days to review a severance offer that includes a release of age discrimination claims. Regardless of age, a reasonable response is: “I want to give this the consideration it deserves. I’ll have a response to you by [a specific date that works for you].”
What Not to Say
- Don’t tell them you need the money. Financial pressure is personal information that shifts leverage to the employer.
- Don’t threaten to sue unless you’re prepared to follow through and have spoken with an employment attorney first. You can say, “That doesn’t sound right to me, and I’ll consult with an attorney and get back to you.” Overly threatening language damages your credibility and can harden the other side’s position.
- Don’t say yes in the room. Even if the counteroffer sounds acceptable, ask for it in writing before you agree to anything. Terms that sound clear in conversation sometimes look different on paper.
When to Stop Talking
After you make your ask, stop. Let them respond. The silence that follows a specific request is uncomfortable, and the instinct is to fill it by walking back what you just said or softening the number. Resist that.
The employer needs time to process and respond. Silence is not rejection. Give them the space to come back to you, and wait for their answer before you say anything else.
When to Bring in an Attorney
Separation agreements almost always include broad legal releases that will end your right to bring any future legal claims against your former employer. They may include “restrictive covenants” such as a non-compete that would restrict your ability to work in your field. They are always written in “legalese,” a language you may not fully understand. Speak with an employment attorney before you sign. Remember: these documents are written by the employer’s lawyers for the employer’s benefit.
An attorney can review and explain the terms of the separation agreement and sometimes negotiate directly on your behalf. Employers often respond differently when they know legal counsel is involved. At Jackson Spencer Law, we have negotiated severance agreements for Texas employees across industries for decades.
If you’ve received a severance offer and want to understand your options before the clock runs out, call us at 972-301-2937 or complete our free online assessment. We’ll tell you where you stand.
FAQ
Can you lose the offer by negotiating?
It’s rare. Most employers anticipate that employees will negotiate and are prepared to have that conversation. In some situations, an employer may have the right to withdraw an offer, which is why speaking with an employment attorney before you respond can protect you.
What if they say the package is non-negotiable?
Non-negotiable is a negotiating position, not a legal fact. Ask whether any terms can be adjusted, including non-cash terms like health coverage or the language describing your departure. You may find more flexibility than the opening statement suggested.
Do I need an attorney to negotiate severance in Texas?
You don’t have to have one, but having one significantly improves your position and chances of a good result. Employers take negotiations more seriously when legal counsel is involved, and an attorney can identify legal claims you may have, greatly improving your chances of better terms or a higher severance amount. An attorney can also identify terms in the agreement you may have overlooked that could seriously restrict your ability to find new employment.
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