There are many reasons why it is important (likely critically important from a $ standpoint) for you not to try to negotiate on your own, but rather for you to hire an attorney for consultation and to negotiate on your behalf. In particular:
- The Employer will know that you are serious if you hire an attorney.
- Leverage – the Employer will know that by you hiring an attorney that your attorney can easily commence a lawsuit or otherwise pursue a claim (which is something that the Employer may not believe if you do not have an attorney). This will improve your negotiating position.
- A knowledgeable attorney should:
- have a better and proper understanding of what amount of additional severance should be requested, and how to request it/ negotiate for it.
- be able to make a better and proper evaluation of the factual situation (and what are your and the Employer’s true strengths and weaknesses, as well as determining what is the viability of any legal claim that you may have).
- have more of an awareness of many arguments that can be used toward obtaining more severance for you.
- Have a better understanding the ramifications of the language in the proposed severance agreement.
- Hiring an attorney to negotiate for you can mean the difference between $0 severance, the severance that you were offered, and thousands to tens of thousands of dollars in more severance that you could obtain through proper negotiation.
On severance matters some attorneys (including myself) charge reasonable fees that are well affordable – sometimes even on a contingency basis – which are even affordable by individuals who have just been terminated from their employment. In particular, if you call me on a severance matter you will find that my fees are very reasonable and in large part are based on me getting more and better severance for you.