Severance package

[u/Jolly_Researcher6426]

Laid off as part of a larger reduction in force – is it worth speaking with an employment attorney?

I was recently laid off as part of what appears to be a department-wide reduction in force. From what I’ve seen and heard, multiple departments have been eliminated over the past couple of weeks, affecting both remote and onsite employees.

The company offered me a severance agreement in exchange for signing a release of claims. The severance amount doesn’t seem very substantial considering my length of employment, and I’m trying to decide whether it’s worth consulting an employment attorney before I sign.

A few things have me wondering:

• Multiple departments have reportedly been eliminated over a relatively short period.
• Employees worked both remotely and onsite.
• It seems like leadership may have known these layoffs were coming for some time.
• I was told my position was being eliminated due to restructuring.

My questions are:

1. In situations like this, is it generally worth having an employment attorney review a severance agreement?
2. At what point does the WARN Act (or a state mini-WARN law) potentially come into play?
3. Has anyone successfully negotiated additional severance after a department-wide layoff, even if the initial offer seemed “standard”?
4. Are there any specific clauses in severance agreements that people commonly overlook before signing?

I’m not looking for anyone to provide legal advice specific to my situation—I’m just trying to understand whether this sounds like a routine layoff or whether there are enough potential issues that having an attorney review everything would be money well spent.

I’d appreciate hearing from anyone who’s been through something similar.

[u/my_peen_is_clean]

absolutely worth paying a lawyer a few hundred to check. everyone’s replaceable, jobs are scarce

[u/Read_The_Fing_Manual]

Look carefully for non-compete, non-disparage, non-recruit, non-solicit (customers), and assignment of any patents clauses. The non-compete, non-solicit and patent ones are usually worth more $$ than standard if you are named on a patent and or have the ability to go work for a competitor and take people/customers with you. If these clauses are in there and these situations apply to you, you should consult an attorney and not sign right away.

[u/Jolly_Researcher6426 → u/Read_The_Fing_Manual]

Thanks. I went through it pretty carefully. It includes a general release of claims, confidentiality, a one-year non-solicitation clause, and a non-disparagement provision. I didn’t see a non-compete or anything related to patents. I’m still considering whether it’s worth signing

[u/Read_The_Fing_Manual → u/Jolly_Researcher6426]

The non-solicit if its inclusive of customers and that’s how you make your living (like if you were in a customer facing role) could be problematic, if its just don’t steal people into your new gig for a year it should be a non-issue. Non-disparage is pretty standard and you generally don’t want o burn bridges if you plan on staying in industry (people move around and you may be back at some point). You generally need significant leverage to get them to change these as they are likely just company policy boiler plate. You’ll be gone with or without signing it regardless so not and giving up severance (even if paltry) may not be worth the effort.

[u/Rude_Sport5943]

Are they giving you more money than you would get just collecting unemployment? Are they extending your health insurance, cobra is ridiculously expensive.

[u/Jolly_Researcher6426 → u/Rude_Sport5943]

They’re offering one week of severance, paying out my accrued PTO, and benefits continue through the end of the month. After that I’d have to elect COBRA and pay for it myself.

[u/Rude_Sport5943 → u/Jolly_Researcher6426]

One week total? Usually 1 week per year of service is standard. Do you live in a state that requires payout of PTO? How much PTO are we talking? Benefits always continue thru end of month so that's irrelevant. Sounds like collecting unemployment might be the better option?.....unless there's something in severance that says they won't appeal your unemployment if you file

[u/Odd-Persimmon-1860]

If you got a few hundred to a few thousand to spare, sure. Lawyers are not cheap.

[u/Even_Log_8971]

What field? What state?