Severance package · free tool & guide
Severance negotiation checklist
Before drafting a counteroffer, separate the money and benefits in the package from the release and duties you are being asked to accept. Gather the complete agreement, existing employment terms and the dates that control your next steps.
Use this worksheet to inventory the package, identify questions for HR or counsel and choose your own negotiation priorities. It does not estimate what you are owed or recommend an amount to request.
Build a clear picture of the package before you counter. Gather documents, flag priorities and export the questions still open. No account or payment.
Review my severance packageFree working checklist · 22 checks · 5 stages
Build a clear picture of the package before you counter.
Work one stage at a time. Gather the documents listed, add notes and flag what you want to discuss first. “Reviewed” records your progress; it does not mean a term is safe or agreed.
General US separation preparation. The agreement, benefit plans and applicable law determine your rights; this worksheet does not calculate entitlement or recommend a severance amount.
Sources and scope · checked 2026-10-11
These are background references. The checklist has not been professionally reviewed or endorsed by these organisations.
- EEOC: severance agreements and discrimination waivers
US discrimination waivers; age-claim and group-program requirements have specific conditions.
- US Department of Labor: COBRA coverage
US continuation coverage; confirm eligibility, cost and dates with the plan administrator.
Before ClausePrep
Shock, shame, and a deadline. The packet is thick. Signing today feels like the only way to stop the spinning.
After ClausePrep
You use the consideration period. You know which lines move cash, healthcare, and references — and which are theater.
Build a complete separation packet
- The proposed agreement, delivery date and response deadline.
- Existing employment, bonus, commission, equity and repayment agreements.
- A breakdown separating final pay from proposed severance.
- Healthcare end dates, coverage options and any subsidy terms.
- Every release, restriction, cooperation and repayment provision.
Check the dates before preparing your counter
Record the last workday, employment end date, benefits end date and the response deadline separately. Ask for an extension in writing if you need more time; do not assume the extension was agreed until you receive confirmation.
Federal age-discrimination waiver requirements have specific conditions. For covered waivers by workers aged 40 or older, EEOC guidance describes different consideration periods for individual and certain group offers, plus a revocation period. Have counsel confirm which requirements and disclosures apply rather than applying one deadline to every agreement.
Inventory money, benefits and equity separately
Record gross payments, timing and conditions that could stop or change them. Separate amounts potentially already owed under existing terms from new consideration offered for the release.
For each equity award, check vesting, forfeiture, exercise cost and expiry. Confirm benefit coverage options, employee costs, employer subsidies and the relevant plan deadlines. Ask a qualified adviser or agency about tax and unemployment interactions for your circumstances.
Understand the obligations that continue
Compare the proposed release and restrictions with what you previously signed. Identify new or expanded confidentiality, speech, non-compete, non-solicit, cooperation and repayment terms.
Ask counsel about claims being released, protected activity, enforceability and remedies. Keep the full wording available; the label on a clause alone is not enough to assess its effect.
Example: the payment stops when you find work
Illustrative scenario: an offer lists several installments, but a condition stops future payments after reemployment. Gather the payment schedule and condition, ask how a new role affects each payment, and record the answer before comparing headline totals.
The same process applies to a benefit subsidy with an eligibility condition. List the condition next to the benefit, rather than assuming it lasts for the full stated period.
Choose your priorities and track the final agreement
Flag the changes that matter to you, supported by accurate facts. Copy the open question list for your adviser or HR conversation, then use the separate email builder when you are ready to draft a request.
Compare the clean revised agreement with each agreed change. Keep the executed copies and calendar any applicable revocation, payment, benefit and equity steps. A reviewed status is not a signing recommendation.
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Severance package · Step 1 of 3
Answer each step, then continue. Tap Edit on a prior answer to change it.
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Questions
Does every employee get the same severance review period?
No. Requirements depend on the rights being waived, applicable law and the circumstances. Confirm your actual agreement and relevant deadlines with qualified counsel.
How many items should I counter?
Prioritise the changes that matter to your situation and explain them clearly. There is no universal number of requests or amount that this worksheet can recommend.
Is lump sum payment better than installments?
Compare timing, conditions, benefit effects and your cash needs. Tax and unemployment treatment require advice for your circumstances; the headline total alone does not answer the question.
How do I save my completed worksheet?
Download the text checklist to keep every item, evidence prompt, question, status, priority, note and background source. Entries stay in the page and are not saved; export before refreshing or leaving.
Are flagged priorities an assessment of risk?
No. Discuss-first flags are your choices. They move flagged open questions to the top of your conversation plan without changing the review status.
Educational content only. ClausePrep is not a law firm and does not provide legal advice. For material decisions, consult a licensed professional in your jurisdiction.