Talk to a lawyer now — free case review
Get clear guidance on your employment situation — severance, wrongful dismissal and your rights. No appointment, confidential.
Runs in your browser · free · confidential
Our services
Process
Our procedure begins with a comprehensive audit of your employment documents, including any offer letters, employee handbooks, and internal HR policies that may create a binding obligation for the employer. We analyze communications and company history to establish precedent. A key technical step involves reviewing the waiver of claims under the OWBPA, ensuring the 21 or 45-day consideration period and 7-day revocation period are strictly adhered to—a common area of employer non-compliance. Our team then engages in structured negotiation, often leveraging the threat of an Equal Employment Opportunity Commission (EEOC) charge, which must be filed within 180 days of the discriminatory act in most states. We prepare a detailed counter-proposal, typically seeking 2-4 weeks of salary per year of service as a baseline, plus continuation of benefits and outplacement services, based on the executive nature of the role.
At a Glance
| Parameter | Reference Value |
|---|---|
| OWBPA Minimum Review Period | 21 days (45 days for group terminations) |
| Typical Severance Benchmark (HR Manager) | 2-4 weeks salary per year of service |
| EEOC Charge Filing Deadline | 180 days (300 in some states) |
| Common Negotiation Timeline | 10-20 business days |
Local Considerations — USA
Severance expectations and legal leverage vary significantly across U.S. regions. In at-will employment states like Texas, securing severance relies heavily on proving a written policy or implied contract. In contrast, within the Ninth Circuit covering California, courts are more receptive to claims of wrongful termination in violation of public policy, which can strengthen an HR manager's negotiation position. Our national practice adapts to these nuances. For tech hubs like San Francisco, we often address severance tied to unvested equity, while in financial centers like New York, we focus on bonus clawbacks and non-compete enforceability. We provide localized strategy for clients in Boston's biotech sector and Chicago's manufacturing industries, where long-tenured HR leadership is common. Understanding these regional legal landscapes is critical to maximizing outcomes.
Request a Quote
Our team reviews your project and issues an initial report at no cost.
Or write us directly at [email protected]
Standards & Compliance
- Older Workers Benefit Protection Act (OWBPA) of 1990
- Title VII of the Civil Rights Act of 1964
- Employee Retirement Income Security Act (ERISA)
- State-Specific Wage Payment Laws
Frequently Asked Questions
What is the most common legal mistake employers make in HR manager severance agreements?
The most frequent error is non-compliance with the OWBPA's mandatory review and revocation periods for employees over 40. An invalid waiver can nullify the entire agreement, allowing the former employee to pursue all legal claims despite having signed.
Can I negotiate severance if I was terminated 'for cause' as an HR manager?
Yes, but the leverage differs. We assess if the 'cause' allegation is defensible. Even with cause, employers may offer severance in exchange for a full release of claims and confidentiality, especially to avoid litigation over the cause determination itself.
How long does the severance negotiation process typically take?
From initial document review to final signed agreement, the process typically spans 10 to 20 business days. This allows for our audit, drafting of counter-proposals, and several negotiation rounds. Complex cases with equity or deferred compensation can extend this timeline.
How much does severance pay legal counsel for HR managers cost?
Each listed firm typically works on an hourly basis for negotiation and advisory services. For a standard severance review and negotiation, total fees often range between $3,000 and $8,000, depending on the complexity of the agreement, the executive level of the client, and the aggressiveness of the employer's stance. We provide a specific fee estimate after reviewing your documents.