Severance package is a benefit for an employee that is given when he/she leaves employment.
Possible reasons for an employee to leave work:
?Retirement
?Fired
?Laid off
?Resignation
There is no law that requires employers to provide severance pay in the United States.
Payment of severance to employees may be considered as voluntary.
These are some circumstances when an employer provides severance package to employees:
?The employee's contract has a clause that requires the employer to provide a certain amount of severance pay
?Employers have already provided severance pay in the past to previous employees
?Promises of providing severance pay made in a company manual or handbook
Employers rarely offers severance package or sometimes called "golden parachute". Because almost all severance package offer includes a "release of claims", employers usually offer severance pay to employees if they are willing to sign a release, an agreement that is binding, intended to prevent the employee from filing any claims against the company perhaps the termination of the employee is somewhat questionable and the employer wants to prevent him/her from going to court).
In situations where severance pay is offered, the main concern of both parties (the employer and the employee) is to reach a more sensible severance package that is both adequate and possible.
Severance package negotiations usually include the following:
?Insurance benefits
There is no law that states that employers cannot pay health insurance even though the laws in insurance continuation allow an employee to keep the same health care with a former employer if he/she will pay the full expense of the premiums for continued coverage as long as the former agrees to pay as part of a severance package.
?Outplacement services
Outplacement firms aid employees in finding new jobs by offering the following services:
?Job skills training
?Leads on potential jobs
?Counseling
?Tips on creating resume and cover letter writing
?Uncontested unemployment compensation
Ask employers to agree not to contest the unemployment claim of a worker who is terminated to make it easier to get unemployment benefits.
?References
An employee may ask the employer create a suitable letter of reference.
?Stock options
?Additional payment
In addition to the remaining regular pay of an employee, he/she may ask their employers an additional payment based on their length of service.
Payment for unused sick leave or vacation time may also be included in a severance package.
To obtain a better severance package to an employer, the employee must start the negotiation before accepting a new job in another company or losing an employment because once an employee starts to work on his/her new job, raising the issue may be too late and the employer may not offer a reasonable severance package.
Severance package negotiations are complex issues and one should be prepared for everything. Many employees opt for what the company offers but better severance package may be obtained if negotiation takes place with a well-planned strategy.
What Is Severance Package
However, even if the employee has shown exemplary performance on the job, nothing may keep him or her from maintaining or holding on to it if the company itself is going out of business or suffering terrible financial losses.
Failing businesses eventually closes down and then, even if there is still some money left in its bank accounts, these funds are returned to the investors of the business. Thus, there is no chance that the employees affected by the closing down may get any severance pay.
Some companies that are already failing but have not yet entirely shut down, may provide severance payments for those employees intending to remain behind even as the company continues to suffer constraints. While those who are being discharged because of downsizing policies, to save at least part of the business, may be given severance pay as an act of goodwill by the employer.
If the company has failed altogether and shut down, there is no reason for the company to preserve any goodwill with former employees, although admittedly, they are the hardest hit when these things happen.
Receiving severance pay would have helped in tiding them over after losing their jobs. However, this kind of benefit is based on the capacity and/or willingness or the employer, a management prerogative.
On the part of the employees, negotiation is the key to gaining a severance package and securing an agreement with the employer concerning the provision of such package.
It remains largely on the decisiveness of the employees to ask for what they believe is just and lawful to ensure their continued economic security even as their employment and regular salary is on shaky ground.
Here are several tips in negotiating for your severance package agreement:
1.Preparation – distinguish yourself from the others being offered with package. Set these factors about yourself apart from others:
-your year of service
-contributions to the business
-specific contribution that had a huge impact in the business
Repeatedly persist on these albeit politely stressing your right to sufficient package based on these points.
2.Remember that items you may want to be included in your package may not have been considered or thought about by your employer.
3.If you feel that the employer benefits plan to be offered on the next month is much better than what is being already offered, you can request that the date of your official termination be changed to avail of the next month's package offer.
4.Other important milestones may be treated the same way, too. If you were already nearing a vesting milestone to have stock options, check out to see if you can extend your termination date and then request for a prorated incentive payout.
If these do not work, appeal to your human resources manager and supervisor, ask about their terms and sign if you agree to such terms. It would still depend largely on your company's circumstances and financial situation.
However, this issue has grave importance on every employee facing these circumstances. There is no other way than to assert yourself and hope for the best.
Both Kamille Pagibigan & Lala C. Ballatan are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Kamille Pagibigan has sinced written about articles on various topics from Accident Lawyers, Anger Control and Legal Matters. To help you with issues regarding , you can seek our expert. Kamille Pagibigan's top article generates over 8100 views. to your Favourites.
Lala C. Ballatan has sinced written about articles on various topics from Legal Matters, Mortgage and Car Accidents. Know more information about Employment Severance Packages and the terms and conditions in . Lala C. Ballatan's top article generates over 301000 views. to your Favourites.
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