ClausePrepGet the report

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 package

Free 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.

Timing and existing documents

Confirm when the offer was received, response dates and any requested extension.

Gather: Offer, delivery date and written deadline confirmation.

Professional review: Ask counsel to verify applicable waiver requirements; review periods are not universal.

Add or view a note

Compare the package to existing employment, bonus, commission and equity terms.

Gather: Offer letter, prior agreements, incentive plans and award documents.

Add or view a note

Distinguish notice, garden leave, final workday and the date benefits end.

Gather: Termination notice and status or pay schedule.

Add or view a note

Record wages and other amounts potentially already owed separately from the proposed severance.

Gather: Final-pay breakdown and relevant policies.

Add or view a note
Money, equity and benefits

List gross amounts, installments, withholding and any conditions that stop payment.

Gather: Payment schedule and severance conditions.

Add or view a note

Record earned or pending incentives and leave balances without assuming a payout right.

Gather: Plan terms, balances and final-pay statement.

Add or view a note

Check vesting, forfeiture, exercise cost, expiry and departure treatment.

Gather: Award agreements, vesting schedule and exercise instructions.

Add or view a note

Separate eligibility, premiums and any employer subsidy; compare other coverage options.

Gather: Benefit end date, continuation notice and subsidy terms.

Add or view a note

Confirm vested benefits, contributions and available account instructions.

Gather: Benefit statement and retirement plan information.

Add or view a note

Check unpaid reimbursements and asserted sign-on, relocation or training repayment.

Gather: Expense records and repayment agreements.

Add or view a note

Record outplacement, references, equipment and other practical support.

Gather: Written support terms and reference arrangements.

Add or view a note
Release and continuing obligations

Identify claims, parties, carve-outs and promises in the proposed release.

Gather: Complete agreement and release definitions.

Professional review: Have counsel assess the release if claims, discrimination concerns or existing proceedings are involved.

Add or view a note

List confidentiality, non-compete, non-solicit and outside-work obligations.

Gather: Prior agreements and new restrictive provisions.

Add or view a note

Check permitted disclosures, references and statements about the departure.

Gather: Confidentiality, nondisparagement and cooperation clauses.

Professional review: Ask counsel whether clauses improperly limit protected activity or required disclosures.

Add or view a note

Record time commitments, reimbursement, contact process and limits.

Gather: Cooperation and assistance provisions.

Add or view a note

Identify alleged-breach procedures, repayment, fees and dispute provisions.

Gather: Remedies, clawback and dispute clauses.

Add or view a note

Arrange equipment, access and personal belongings without taking restricted company material.

Gather: Return checklist and authorized retrieval instructions.

Add or view a note
Counteroffer and professional review

Choose the outcomes that matter most and grounds you can explain accurately.

Gather: Priority list, actual facts and supporting documents.

Add or view a note

Ask the relevant agency or adviser how payment timing affects your circumstances.

Gather: State agency information and proposed payment structure.

Professional review: Use qualified local advice for unemployment, tax or cross-border issues.

Add or view a note

Provide deadlines, the whole agreement and unresolved points early enough for review.

Gather: Complete packet, issue list and relevant employment records.

Add or view a note
Final agreement and follow-through

Compare every agreed change and confirm payment triggers and all attachments.

Gather: Final clean copy, change list and signature instructions.

Add or view a note

Record any applicable revocation, payment, coverage and equity dates; keep copies.

Gather: Executed documents, calendar and coverage instructions.

Add or view a note

22 items in this view. Your export always includes the whole checklist.

Your statuses and notes stay in this page. We do not send or save them. Download your checklist before refreshing or leaving.

Your conversation plan

22 open items

0 reviewed · 0 not applicable · 22 open · 0 open flagged to discuss first

Flagged open questions appear first. Priorities are your choices, not risk scores. Your download includes every item, evidence prompt, question, status, priority, note and source.

Get the full preparation behind your checklist.

Bring the documents, question scripts, negotiation points, and available state notes to your next conversation. Launch offer: apply PREP100 at checkout for a $0 order. No card required. Full reports will be paid in the future.

Get the full report, $29 →
Before ClausePrep

Before ClausePrep

Shock, shame, and a deadline. The packet is thick. Signing today feels like the only way to stop the spinning.

After ClausePrep

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.

Free sample for this situation

Sample questions and state notes free. The full checklist, scripts, leverage, timeline, and printable export unlock after you see the sample works for you.

Free sample

A few details

  1. 1
  2. 2
  3. 3

Severance package · Step 1 of 3

Answer each step, then continue. Tap Edit on a prior answer to change it.

Get the Full ClausePrep Report

Already clear on this situation? Unlock the complete playbook — full checklist, documents, scripts, leverage, timeline, state extras, and printable export.

Choose your full report.

One situation, eight parts of preparation, printable export. $29.00 USD before your coupon.

Used for this checkout; not retained on our server. Your report opens here; no email delivery or marketing subscription. Privacy policy

Launch offer: enter PREP100 at the next step for 100% off. No card needed.

Questions

01

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.

02

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.

03

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.

04

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.

05

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.