Severance Counter-Proposal Letter and Review Checklist

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Severance Counter-Proposal Letter and Review Checklist — page 1
Severance Counter-Proposal Letter and Review Checklist — page 2
Severance Counter-Proposal Letter and Review Checklist — page 3

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Document text

[YOUR FULL NAME]

[YOUR ADDRESS] · [YOUR EMAIL] · [YOUR PHONE]

[DATE]

To: [NAME OF HR CONTACT], [TITLE]

[COMPANY NAME]

[COMPANY ADDRESS]

Re: Separation agreement dated [DATE OF THE AGREEMENT] — counter-proposal

Dear [NAME],

Thank you for the separation agreement you gave me on [DATE RECEIVED]. I have reviewed it and I would like to propose the following changes before I sign.

Item Your offer My proposal

Severance pay [WEEKS] weeks — $[AMOUNT] [WEEKS] weeks — $[AMOUNT]

Unused PTO payout $[AMOUNT] $[AMOUNT]

Bonus or commission earned $[AMOUNT] $[AMOUNT]

COBRA premiums paid by the company [MONTHS] months [MONTHS] months

Reference and departure statement [AS OFFERED] [NEUTRAL REFERENCE, AGREED WORDING]

Non-compete / non-solicit [AS OFFERED] [REMOVED OR LIMITED TO …]

My reasons:

1. [YEARS] years of service in [ROLE], including [ONE OR TWO RESULTS WITH NUMBERS].

2. [E.G. THE TIME IT USUALLY TAKES TO FIND A SIMILAR ROLE IN MY FIELD.]

3. [E.G. THE BONUS FOR THE PERIOD ALREADY WORKED.]

I would appreciate a written reply by [DATE]. I remain available to help with a smooth handover of my work.

Sincerely,

______________________________

[YOUR FULL NAME]

Review checklist — before you sign

The money

☐ Severance amount and how it is calculated (weeks per year of service)

☐ When and how it is paid: lump sum or salary continuation; tax withholding

☐ Final paycheck, unused PTO, earned bonus and commission — included or separate

☐ Expense reimbursements still owed

Benefits

☐ Date your health coverage ends

☐ COBRA: who pays the premium and for how many months; 60 days to elect

☐ 401(k), stock options or RSUs: vesting and deadlines to exercise

The release

☐ Which claims you give up; claims after the signing date cannot be released

☐ You keep the right to file a charge with the EEOC and to take part in its investigation

☐ Age 40+: the agreement names the ADEA, advises you in writing to consult an attorney, gives at least 21 days (45 in a group layoff) and 7 days to revoke

☐ Group layoff, age 40+: list of job titles and ages of people selected and not selected

Other clauses

☐ Non-compete, non-solicit, confidentiality, non-disparagement — scope and length

☐ Reference: who answers and what they say

☐ Return of company property and the date

☐ Unemployment benefits: the agreement does not stop you from applying

Dates

Offer received: [DATE] · Review period ends: [DATE] · Signed: [DATE] · Revocation ends: [DATE]

Health coverage ends: [DATE] · COBRA election deadline: [DATE]

This checklist and letter are not legal advice. For your own case, talk to an employment lawyer.

Reply to this document or get a deadline reminder: https://layers.md/us/severance-agreement-review-checklist?from=reply-us-severance-review