Most people sign the first severance offer that lands on their desk. They are stunned, the paperwork looks official, and there is usually a deadline printed at the top in bold.
Here is the part HR will not say out loud: that first offer is a starting point, not a final number. In most non-union jobs, severance is not legally required — which means the offer was written to be accepted, not negotiated. That also means it has room in it.
You do not need a lawyer to ask politely. You do need to ask in writing, ask within the response window, and ask for specific things instead of "more." Here are six asks that companies actually grant.
1. More weeks of pay
The most common ask, and the most common yes. The typical opening offer is one to two weeks per year of service. Many people get bumped to three or four weeks per year with a clean request — especially if you have a long tenure, a senior title, or you are being let go in a group layoff. Anchor the ask to something concrete: years of service, a recent promotion, an unfinished project, or the going rate at peer companies.
2. Extended health coverage
Losing health insurance is often scarier than losing income. Ask the company to cover your COBRA premiums for a set number of months — usually one to six. Some companies will, especially if you have ongoing care or a family on the plan. If they say no to direct payment, ask for a lump-sum "COBRA stipend" added to your severance instead. Same money, different accounting.
3. A clean exit on the bonus and equity
If your bonus is partially earned, ask for a prorated payout. If you have stock options or RSUs that vest soon, ask for accelerated vesting or an extended exercise window. These are line items the company can adjust without changing the cash number, and they are often the most valuable part of the package. Look at your offer letter and equity grants before the conversation so you know exactly what is on the table.
4. The reference you can actually use
Most companies default to "name, title, dates of employment" for reference checks. Ask for a written statement of good standing, a named reference manager who will take calls, or a pre-approved LinkedIn recommendation. You can also ask how the departure will be characterized internally and to recruiters. "Position eliminated" lands very differently than "let go."
5. Outplacement, training, or career support
Many companies have outplacement budgets they would rather hand to you than negotiate over cash. Ask for resume and interview coaching, a LinkedIn refresh, a certification or course budget, or extended access to your work laptop and email forwarding for a few weeks. If you were planning to switch careers anyway, a training stipend can be worth more than another two weeks of pay.
6. Softer terms on the legal language
Read past the dollar amount and look at the clauses. The non-disparagement should be mutual — you cannot speak badly about them, but they also cannot speak badly about you. The non-compete, if there is one, should be limited in time and geography. Confidentiality should carve out your right to discuss your own compensation, file an EEOC complaint, or respond to a subpoena. These are routine asks. Lawyers strike them in and out every day.
How to actually ask
Send one email or letter. Keep it short, professional, and grateful for the offer. State your two or three top requests clearly with brief reasoning. Ask for a written response by a specific date — before your signing deadline. Do not threaten. Do not bring in a lawyer in the first round unless the package is large enough to warrant one. Most negotiations end after a single back-and-forth.
And read the whole agreement before you sign. If you are over 40, federal law gives you 21 days to consider the offer and 7 days to revoke after signing. Use that time.
The Severance Counter-Offer Letter walks you through the exact language to use when asking for more — weeks of pay, COBRA coverage, bonus proration, references. It is in the Job Loss bundle at lumeway.co.
The first offer was written to be signed. The second one is the one you actually want.
This post is for general informational purposes only and does not constitute legal, tax, or financial advice. Severance laws, tax treatment of severance pay, and the enforceability of release agreements vary by state and by individual circumstance. For guidance specific to your situation, consult a licensed employment attorney and a qualified tax professional.