Executive Severance Negotiation

What we negotiate

• Severance pay and timing: the amount, and whether it comes as a lump sum or salary continuation.
• Bonus: current-year bonus, deferred bonus, and incentive payments the first offer often omits.
• Equity: acceleration of unvested awards and a longer window to exercise options.
• Benefits: COBRA premium reimbursement and continued coverage.
• Restrictive covenants: narrowing or releasing a non-compete or non-solicit as part of the deal.
• The release: what you are giving up, and what you keep.
• Your reputation: a neutral reference, mutual non-disparagement, and how your departure is announced.

How it works

1. Review. We read the severance agreement alongside your employment contract, equity plans, and bonus terms, and identify your leverage.
2. Strategy. We agree on your two or three priorities and how hard to push.
3. Negotiation. Depending on what serves you best, we negotiate directly with the company's counsel or guide you behind the scenes.
4. Final terms. We review the final agreement before you sign.

Deadlines that matter

If you are 40 or older, federal law generally gives you 21 days to consider a severance agreement (45 days in a group layoff) and 7 days to revoke it after signing. Companies often set shorter deadlines anyway. Don't let an artificial deadline rush you into signing before your agreement has been reviewed.

Related reading

• Can I negotiate my severance package, even after I've received it?
• Is a common severance agreement provision enforceable under North Carolina law?
• When the promise of equity in a severance agreement is illusory

Common questions

Is a severance offer really negotiable?

Usually, yes. The company wants your release of claims, and that release has value. The first offer is designed to favor the company.

Will asking for more get my offer withdrawn?

It's uncommon when the request is professional and specific, because the company still wants your signature. How the request is made matters as much as what's requested.

Do you handle severance outside North Carolina?

Yes. FineCounsel negotiates severance for executives across the country, and Andrew Fine is admitted in North Carolina and Florida.

Attorney advertising. This page is for informational purposes only and does not constitute legal advice. No attorney-client relationship is created by reading it. J. Andrew Fine is licensed to practice law in North Carolina (2004) and Florida (1997); matters in other jurisdictions may require local counsel. Prior results do not guarantee a similar outcome.