Deciding to move on from your current job can spur a rollercoaster of emotions. While you may feel excited or relieved about what’s next, actually handing in your resignation can also create some anxiety. Negotiating the terms of your departure only adds more complexity to the mix.
As employment attorneys, TONG LAW has helped clients thoughtfully navigate these sensitive conversations. In this article, we’ll share insider tips on professionally negotiating the terms and conditions of your termination package, prioritizing key areas like severance, and parting ways gracefully.
Set the Right Tone Upfront
First impressions matter, especially when emotions may already be running high. Be the consummate professional you’d want others to emulate if roles were reversed. Express sincere appreciation for the opportunities you’ve been given and the relationships formed through your tenure.
You might say: “I’m grateful for the growth and development I’ve experienced here and wish the organization continued success. This was a difficult personal decision.” This warm approach sets an affirmative tone for productively discussing the next steps, rather than issuing demands or ultimatums.
Know Your Priorities Heading In
Not all exit negotiations look alike. Before conversations start, carefully consider the benefits that would help ease your transition or are tied to your work agreement. Common areas to address include:
Severance Pay or Benefits
Getting clarity upfront on severance or benefits continuation provides peace of mind. Review your work contract to understand what’s formally been agreed to already regarding compensation or insurance upon termination. This creates a framework for requesting enhancements like:
- Additional months of salary replacement
- 100% premium coverage through COBRA
- Accelerated equity vesting
- Outplacement services
If severance policies aren’t formalized or you want legal counsel negotiating enhanced terms, contact TONG LAW to advocate on your behalf.
Other Key Areas
Solid references, confidentiality, and non-disparagement assurances also provide value long after the exit. Ask about securing:
- A positive letter of recommendation summarizing your contributions.
- Mutual non-disparagement clauses that enable an amicable parting.
- Confidentiality terms to appropriately safeguard organizational IP and relationships post-employment.
Employment attorneys can incorporate these important protections around these exit package components.
Prepare Your Case Thoroughly
Understanding why specific severance or benefits matter will aid you in negotiating the best exit package. Pull together documentation that quantifies your contributions and reasons that spurred the transition. This might include:
- Performance metrics that illustrate sales volumes, revenue, or client growth attributable to your work.
- Data on projects delivered, awards won, or milestones achieved.
- Emails evidencing praise for initiatives you spearheaded.
Factual details tell a compelling story and justify requests. For example, an executive might reference doubling their division’s profits over three years or point toward an email from the CEO recognizing outstanding dedication during furloughs.
Consider Non-Monetary Terms
While compensation-related requests are common, don’t overlook other terms that ease transitions for all involved. If feasible, propose ideas like:
- Flexibility around departure dates and phase-out plans.
- Input on announcement communications regarding your exit.
- Gradual hand-off plans for key client accounts or projects in progress.
Extending timelines shows good faith and responsible transitions demonstrate discretion other employers appreciate. Savvy negotiators think beyond just dollars and cents when separating.
In Closing…
Approaching departure conversations professionally while prioritizing personal priorities can ease stressful career transitions. Document details that support severance requests while also discussing non-monetary terms that responsibly shift work obligations. And, don’t hesitate to enquire about our negotiation services if you need professional legal advice or simply an assertive advocate by your side to ensure an effective negotiation. TONG LAW can advise you on precedence and ensure you receive everything owed.
Frequently Asked Questions
Question: What are some key points I should negotiate in my severance agreement when quitting a job in California?
Answer: When negotiating an exit package in California, key points to address include the severance payment amount, health insurance premium coverage, equity vesting schedules, references/letters of recommendation, confidentiality clauses, and timing around departure date announcements.
Question: Does California have any laws requiring employers to provide severance pay when an employee quits?
Answer: No, California law does not require severance pay for employees who voluntarily resign from their jobs. Severance is typically negotiable unless addressed in an existing employment contract. California is an at-will employment state.
Question: Should I ask a lawyer to review my severance agreement before signing if I negotiate one in California?
Answer: Yes, it’s highly recommended you seek legal advice and have an employment lawyer review any negotiated settlement agreement before signing to ensure you fully understand all terms and protections around compensation, benefits, references, equity, non-disclosure and your rights.
Contact TONG LAW Today
For individualized guidance on negotiating your employment separation or severance agreement, contact the team at TONG LAW. Our employment attorneys have negotiated severance packages and job transitions for California workers across many business sectors. Whether reviewing existing contracts, negotiating enhanced terms upon resigning, or mediating disputes, we’re here to consult with or actively represent you during this critical career juncture. Let our experience work for you by scheduling an initial consultation now online. Here’s to new beginnings ahead.
