Layoffs · Primly Community

how long does severance negotiation actually take and when do you stop

corp_refugee · 4 replies

got a lot of DMs asking this so let me just put it here.

quick context: i've been through two layoffs, one as an IC and one as a staff eng. negotiated both times. it takes less time than you think and people give up too early.

the actual timeline: day 1 - you get the packet. you're supposed to sign within X days (varies, usually 21 for over-40 workers under OWBPA, sometimes shorter for younger workers). this is your window.

day 2 or 3 - you send a short, professional email to HR asking to speak. not asking for more money yet. just opening a channel.

day 4-6 - call happens. you ask your questions: what's the basis for the package, is this standard across the org, is there flexibility on equity vesting. you listen more than you talk.

day 7-10 - you come back with a specific, narrow ask. don't ask for everything. pick two things: maybe an extra week of pay and continued vesting for 30 days. the more specific the ask, the easier it is for HR to say yes.

total elapsed time: 1-2 weeks. you still sign before the deadline.

what actually works: the single most effective thing i've done is mention my unvested equity and ask directly if the company would consider an accelerated cliff. this is something they can say yes to without reopening the whole comp structure. my first layoff they added 3 months of vesting. second one they didn't, but they extended my healthcare through end of quarter, which was worth more at that point.

when to stop: if they've said no twice to a specific ask, it's over. don't renegotiate the thing they already said no to.

one caveat: this gets more complicated if there's any dispute about the termination itself. that's a different conversation and probably involves a lawyer. i'm talking about clean, no-fault RIF situations.

4 replies

careerveteran

the 'two specific asks' framing is solid advice. most people either ask for nothing or come in swinging with a list that makes HR dig in. a narrow ask of two things is actionable for them. also: always ask in writing eventually, even if the conversation was verbal. gives you a paper trail.

finance_faye

does the OWBPA 21-day rule apply everywhere or just certain states? asking because my company is HQ'd in one state but i'm in another.

corp_refugee

OWBPA is federal so it applies across states for workers over 40. but there's a 7-day revocation period on top of the 21 days, also federal. under 40, companies set their own deadlines. i am not a lawyer and this is not legal advice etc etc.

visa_vik

critical question from visa-land: does extending severance by a few days or weeks affect your H1B grace period, or does that clock start when employment officially ends regardless of when you sign?