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How Long Do Severance Negotiations Take? A Westchester Employment Lawyer’s Timeline Guide

When your employment comes to an end, the last thing you want is uncertainty. Yet for many people in Westchester and throughout New York, the period after termination is filled with questions, particularly when it comes to severance. One of the concerns employees may have is: “How long will it take to negotiate my severance package?”

severance lawyer in westchester ny

The answer isn’t as simple as giving you a number of days. Severance negotiations vary widely depending on the complexity of the agreement, the willingness of your employer to negotiate, and the legal claims you may have. It helps to know what typically happens in severance discussions, the stages of the process, and the timeline you can realistically expect.

At Levine & Blit, our Westchester employment attorneys can strongly represent employees who think termination is on the horizon. We focus on achieving severance that they otherwise wouldn’t be entitled to. We have a method. We don’t want to explain how because that’s what we charge for. But we can tell you: NO OTHER law firm does anything like what we do!

To learn how we can assist you, call us today at 646-461-6838 or contact us online to schedule a case evaluation.

👉Also Read: Can I Still Sue After Accepting a Severance Package in Westchester? Your Legal Rights

Why Severance Negotiations Take Time

Before diving into the step-by-step process, it is worth understanding why these discussions cannot always be wrapped up quickly. Employers and employees have different priorities. A company is focused on protecting itself by way of avoiding lawsuits, ensuring confidentiality, and limiting any future liability.

Employees, on the other hand, want financial security, protection for their professional reputation, and freedom to move forward in their careers without unnecessary restrictions. This back-and-forth of balancing interests is what makes the process complex. Add in legal requirements under state and federal law, and you begin to see why severance is more than just signing a document.

Stage One: The Initial Offer

How Offers Are Typically Presented

When an employee is terminated, the employer usually presents a written severance package on the spot or within a few days. It may include payments, continuation of certain benefits, and clauses that restrict your future actions, such as a non-compete provision.

It’s crucial to remember that what is typically offered is not always the best you can get. Employers often draft agreements in their favor. That is why consulting a severance lawyer in Westchester, NY, at this point can be vital.

Cooling-Off Periods

Some employees, particularly those over a certain age, are given a certain period of time to review the agreement. Under federal guidelines, for instance, employees over 40 who are asked to waive claims under the Civil Rights Act or Title VII must be given time to consider the terms before signing.

Stage Two: Legal Review

The Role of an Attorney

An experienced employment lawyer in Westchester, NY, will go through the agreement clause by clause. They will check for compliance with NY State severance laws, analyze how the offer interacts with existing employment contracts, and highlight potential red flags.

Questions may arise around how the severance pay is structured. Is it a lump sum? Spread over a certain period? Does it affect unemployment eligibility under New York guidelines? These are not details you want to guess at.

Identifying Leverage

Your lawyer may also look at whether you have claims such as workplace discrimination, sexual harassment, or wrongful termination. If such issues exist, they can dramatically increase your bargaining position. Employers often want assurance that a former employee will not file a lawsuit, which means you may be able to negotiate stronger terms in exchange for waiving those claims.

Stage Three: Back-and-Forth Negotiations

The Timeline of Negotiation

This stage is where timing becomes unpredictable. Some employers are open to reasonable adjustments and can resolve matters in a week or two. Others drag their feet, requiring multiple exchanges. A severance package negotiation can take anywhere from a few days to several weeks, depending on the employer’s responsiveness.

What Gets Negotiated

Your lawyer may push for:

  • Higher compensation through increased severance payment.
  • Removal or narrowing of restrictive clauses.
  • Continuation of health or retirement benefits.
  • Protection of reputation through agreed reference language.

Because employers want closure, they are often willing to adjust terms if it means avoiding drawn-out litigation or arbitration.

Stage Four: Finalizing the Agreement

Ensuring Compliance with the Law

Before signing, your attorney will make sure the agreement complies with New York labor law, relevant federal law, and any applicable state law. This step protects you from signing something unenforceable or unfair.

If your employment was covered by a collective bargaining agreement, that may also influence the terms. Likewise, issues tied to employment agreements or reporting misconduct can shape how the final deal is structured.

Signing and Moving Forward

Once all terms are finalized, you sign the agreement. This usually triggers the timeline for payments and other services promised. Some agreements specify that you will be eligible for payment only after a waiting period. Others provide immediate disbursement.

At this point, the process is complete, and you can focus on your future, whether that means pursuing a new job, changing industries, or simply taking a break.

How Long Does It Really Take?

So, how long do severance negotiations take in practice? Here is a rough guideline:

  • Initial offer review: 1–2 weeks.
  • Attorney review and leverage assessment: 1–2 weeks.
  • Negotiation back and forth: 2–6 weeks, depending on employer responsiveness.
  • Finalizing the agreement: 1–2 weeks.

In total, many severance negotiations wrap up in one to three months. Some resolve faster, particularly if the agreement is straightforward and the employer is cooperative. Others take longer, especially when serious legal claims are involved.

Factors That Influence the Timeline

Several other factors affect how long your negotiations may take:

  • The size of the company and how many decision-makers must approve changes.
  • Whether you have claims of discrimination, retaliation, or misconduct.
  • If the employer insists on resolving disputes through court or private negotiation.
  • The complexity of your role and whether sensitive issues like sexual orientation, gender, or national origin discrimination are at play.
  • Whether the employer is legally obligated to provide severance under contract or policy.

Every situation is unique, and the timeline adapts to those circumstances.

Why Legal Guidance Matters

Trying to deal with severance alone is risky. You may miss important deadlines, overlook harmful clauses, or fail to maximize your leverage. A skilled severance attorney in Westchester, NY, brings not only legal knowledge but also practical negotiation skills.

They understand how employment law intersects with federal and state law, how agencies like the Equal Employment Opportunity Commission evaluate claims, and how to position your case or employment dispute for the best outcome.

The Broader Context of Employment Law

Severance negotiations do not happen in isolation. They are shaped by the larger landscape of employment law, which governs everything from working conditions to fair treatment of employees in workplace-based settings.

Issues like discrimination, retaliation, and workplace culture may come into play. Severance isn’t just about money, but also about ensuring dignity and respect at the end of an employment relationship.

👉Also Read: Understanding the Tax Implications of Your Severance Package: Advice from a Severance Lawyer in Westchester, NY

Negotiation Strategies Our Separation Agreement Lawyer in Westchester, NY Will Use for Your Case

When you’re presented with a severance package, it’s easy to feel pressure to sign quickly. Employers may frame the agreement as non-negotiable or imply that the offer will disappear if you take too long. The reality, however, is very different. With the right strategy, severance agreements can almost always be improved, whether that means more money, extended benefits, or fewer restrictions on your future career.

At Levine & Blit, our severance lawyer in Westchester, New York, focuses exclusively on representing employees. We know the tactics companies use and how to counter them. Here are some of the proven negotiation strategies we bring to the table for every client.

Reviewing the Separation Agreement Line by Line

A severance package often runs several pages filled with dense legal language. Many employees focus on the payout figure and miss clauses that could hurt them later. Our first step is always a careful, detailed review.

  • Identifying restrictive covenants such as non-compete, non-solicitation, or non-disparagement clauses.
  • Spotting vague language that could give the employer more power than intended.
  • Highlighting waivers of rights, particularly where you may be releasing potential legal claims.
  • Explaining terms in plain English so you understand exactly what you are being asked to sign.

This deep dive allows us to build a clear roadmap of what should be challenged or renegotiated.

Identifying Leverage Points

Employers do not offer severance out of generosity; they do it to protect themselves. That means employees may have more leverage than they realize. We work to uncover those points of negotiation.

  • Potential legal claims such as discrimination, retaliation, or wrongful termination.
  • Company policies or past practices that suggest you are entitled to more favorable terms.
  • Industry standards that show the offer is below what comparable employees receive.
  • Employer vulnerabilities such as the risk of negative publicity if the matter becomes public.

By showing the employer what is at stake, we create pressure for them to improve the offer.

Maximizing Financial Outcomes

For many employees, the first priority is securing fair and adequate financial support during the transition period. We aim to strengthen both the amount and the structure of your severance pay.

  • Increasing the payout by negotiating a higher multiple of weeks or months of salary.
  • Exploring lump sum vs. installments to minimize tax consequences and maximize flexibility.
  • Preserving bonuses or commissions that may otherwise be forfeited.
  • Ensuring payments are timely and not contingent on unreasonable conditions.

Our goal is to make sure the financial portion of your agreement truly reflects your contributions and cushions you as you move forward.

Improving Non-Financial Terms

Money is only one part of a severance agreement. The fine print generally has just as much impact on your career and reputation. That is why we also target non-financial terms during negotiations.

  • Health and retirement benefits: Extending coverage or protecting vested interests.
  • Reference letters or agreed statements: Ensuring your future job searches are not hindered.
  • Confidentiality adjustments: Narrowing broad language so you are not silenced unfairly.
  • Removing or limiting non-compete clauses that could block your ability to work.

These improvements can often be as valuable as an increase in money.

Structuring a Strategic Negotiation Process

Finally, the way negotiations are handled can make or break the outcome. Our severance lawyer uses a structured, professional approach designed to keep the process moving while protecting your rights.

  • Communicating through counsel to reduce stress and avoid missteps.
  • Framing proposals constructively so employers are more willing to engage.
  • Setting realistic timelines that give you breathing room without dragging the process out.
  • Documenting all exchanges to protect your interests if disputes arise later.

With Levine & Blit by your side, you gain the advantage of seasoned attorneys who know how to review, identify, maximize, and negotiate strategically. The result? A fairer, stronger agreement that allows you to move forward with confidence.

👉Also Read: How a Severance Agreement Lawyer in Westchester, NY Can Help If Your Employer Changes Your Severance Package

Choose the Leading Severance Lawyer in New York City

If you have a severance offer in New York, do not rush to sign. Take the time to understand your rights, assess your position, and work with an experienced employment attorney. Negotiations can feel overwhelming, but you do not have to face them alone. With the right strategy and representation, you can turn a stressful ending into a fresh start.

At Levine & Blit, we bring an unwavering commitment to protecting employees. We know how stressful a termination can be, and we guide our clients with clarity, strategy, and compassion. Our attorneys negotiate on your behalf, ensuring that the severance package you receive truly reflects your contributions and protects your interests.

Whether you’re dealing with a former employer in New York City, evaluating your severance agreements, or exploring whether you were the victim of wrongful termination, we stand ready to help. Call us or contact us online to set up a confidential consultation.

Frequently Asked Questions

How can I find a reputable employment attorney in New York?

When searching for an employment attorney in New York, begin by identifying law firms that focus on workplace matters such as discrimination, wrongful termination, retaliation, or severance negotiations. Look for attorneys with strong client reviews, proven results, and a record of handling cases similar to yours.

What should I do before contacting an employment attorney in New York?

Before contacting an employment attorney, gather all documents and information relevant to your situation. This may include your employment contract, company policies, emails or messages, performance reviews, and any termination or disciplinary notices. Make a clear timeline of events and note the key issues, individuals involved, and any desired outcomes, such as negotiating severance or addressing workplace disputes.

Being organized helps your attorney quickly understand your case and provide effective guidance. At Levine & Blit, we encourage employees to reach out as soon as they anticipate an employment issue. The sooner we review your situation, the better we can protect your rights and work toward a favorable resolution.

What is a typical severance package in New York City?

In New York City, severance packages can vary widely depending on the employer, industry, and the employee’s position and tenure. Common components may include a lump-sum payment based on a certain number of weeks of pay, continuation of benefits such as health insurance for a limited period, and sometimes additional perks like job placement assistance or extended access to company resources. There is no one-size-fits-all formula, which is why consulting an employment attorney can help you understand what you may be entitled to and negotiate for a better outcome.

Is severance pay mandatory in New York City?

No, severance pay is generally not required by law in New York City or New York State unless it is explicitly stated in your employment contract, company policy, or a union agreement. Employers may offer severance voluntarily, especially to avoid disputes or as part of negotiated agreements. An employment attorney can help review your contract or past practices to determine if you have a claim for severance.

How much does an employment lawyer cost in New York City?

The cost of hiring an employment lawyer in New York City depends on factors such as the complexity of your case, the attorney’s experience, and their billing structure. Many employment attorneys charge hourly rates, while others offer flat fees for specific services, such as reviewing severance agreements or negotiating employment disputes. It’s essential to discuss fees upfront with your attorney so you understand the costs associated with handling your case.

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