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If
your company goes out of business, don't be surprised if there is
no severance pay. Going out of business and running out of cash
are practically synonymous. Once in a while a failing business closes
down with some money left in the bank - but those funds are usually
returned to the investors who provided them.
Severance
pay, after all, is as much a signal to the employees who remain
behind as it is a gesture of goodwill to those being let go. If
the company disappears, it doesn't need to preserve goodwill with
its former staff.
Yet
established companies that intend to remain in business after the
layoffs have relationships to preserve with former (and possibly
future) employees, with those left behind, with investors, and with
the public at large. According to Drake Beam Morin, an outplacement
firm, companies that do provide severance pay provide between one
and two weeks of pay for each year of service on average.
What's
in it?
Your package may contain some or all of the following components.
"When you get the papers, take them home to read and analyze. Never
sign a severance agreement immediately," said Erisa Ojimba, a compensation
consultant for Salary.com.
Things
to consider when reviewing a severance package
Financial
aspect
- Severance,
commission, bonus, and deferred compensation plan payouts due.
- Accrued
vacation and sick time payouts due.
- Rights
under pension, profit sharing, and 401(k) plan.
- Stock
options statement and exercise schedule.
- Loans
you may have received from your employer.
- Unreimbursed
business expenses, especially if they're on your credit card.
Insurance
coverage
- Health,
dental, and life insurance, accidental death and dismemberment,
as well as long- and short-term disability insurance.
- Ask
for a summary plan description if anything has changed since
the last period of open enrollment.
- By
law, an employer must offer you the chance to continue health
and dental coverage under COBRA. Normally you can remain on
COBRA for 18 to 36 months.
Company
property: intellectual and tangible
- Company
car, credit cards, keys, laptop, fax, beeper, PDA, and cellular
phone.
- Customer
lists, expensive reports, proprietary information. (Never take
these with you, no matter how tempting it may be. Preserving
your reputation always is worth more.)
Post-termination
services
- Letters
or statements of recommendation.
- Use
of your company voicemail for a defined period.
- Length
and extent of outplacement services. About 80 percent of U.S.
companies offer it, said Drake Beam Morin.
Post-termination
obligations
- Review
your obligations under any noncompete, nondisparagement, nondisclosure,
or confidentiality agreements you may have signed when you began
working there. Be prepared to take these seriously during the
emotional time that follows losing your job.
- Have
your attorney review any additional agreements you may be contemplating
signing.
Can
you negotiate?
The cardinal rule for negotiation: if you don't ask, you may
not get.
Prepare
by distinguishing yourself from others who were offered the same
package. If you've served longer, contributed more, or made a specific
contribution point that out - persistently, repeatedly, and politely. And
remember that items you want may be things an employer wouldn't
even think about, said attorney Gatley. "If it's important to you
to be carried on the employer benefits plan another month, ask if
your official termination date can be changed," she said.
Treat
other important milestones the same way. If you are near a vesting
milestone for stock options, find out whether your termination date
can be extended. Request that an incentive payout be prorated.
What
if nothing works? Be the squeaky wheel, said Ojimba. Appeal to your
supervisor, human resources representatives, and senior executives
of the company. Sign the agreement only when you are clear about
the terms and agree to them. If you are over 40, you have 45 days
to reflect on and rescind the agreement.
Depending
on your company's circumstances and financial position, there may
be little you can do. But as one long-term outplacement counselor
said, "This stuff matters. Get out there and stand up for yourself!"
- Ruth Morss, Salary.com Contributor
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