How to Get More Severance - An Employment Lawyer Explains

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Branigan Robertson

Branigan Robertson

Күн бұрын

This video explains how to increase your severance package. You need to first increase your leverage so you can negotiate for more severance. Branigan details the components of most severance agreements and outlines six incredible bargaining chips that anyone can use in a severance negotiation. Please subscribe to Branigan's channel!
Branigan Robertson is an employment lawyer in Orange County, California. His firm exclusively represents employees in lawsuits against their employers.
Visit his website at: brobertsonlaw.com
#Severance #Negotiation #Attorney

Пікірлер: 119
@mahomedshakeelmohideen7681
@mahomedshakeelmohideen7681 2 жыл бұрын
Honestly Ur explanations are so good and simple . make's understanding very simple...very good teacher..no doubt
@LorettaHolowatiuk
@LorettaHolowatiuk Жыл бұрын
Thank you for the insight. Would you have any examples of language I/we could use in a counter offer to a serverence package?
@justsid3314
@justsid3314 6 жыл бұрын
Thank you so much for explaining this. I felt as if I did have discrimination due to disability and gender identity, so being handed severance pay I did a bit of research. Heres the thing, its very hard to prove you are being discriminated against. Due to medical leave, this cause hardship on my company and because I spoke about my specific issue with my identity it was dealt with in a very bad way. Fact is, if you are a union member attorneys do not want to deal with you. Also, if the company has collected enough information to go against you, have witnesses and have not met their terms you can be terminated. Severance pay IS a choice of the employer, with me I think I had both 1. Give to me because I was in a hard situation and 2. Some legal action could have been made. With severance agreements, look into whether or not they listed neutral reference, this basically means they will not legally give any information about your case to future employers. I got x amount of severance pay, told my union rep and stated "We will drop all of our grievances if you give x more amount of severance pay". It worked.
@CNTOUS
@CNTOUS 4 жыл бұрын
This is super helpful video. Lots valid points. Do you have any updated tips during Coronavirus period? Thank you.
@Priva_C
@Priva_C Жыл бұрын
After years of very difficult work that led to the destruction of my marriage, they decided to fire me out of nowhere. No severance. Kids and I lost insurance that same day. They’re keeping my FSA funds (I maxed out). They did it after I submitted my yearly goals that they kept pushing me and my team to complete. I’m battling and fighting my way out of depression to continue providing for my kids but I’m scared for our future at the moment. Our lives have drastically changed over night.
@icawn
@icawn Жыл бұрын
same boat here. i did go to a private insurance facility in town to review my options for that. you always hear nightmares of health insurance costs being insane, but it's actually not too bad. and since your income is $0 right now, it might actually be cheaper than what you were paying at your employer. go take care of that.
@BeegirlsHoneyHouse
@BeegirlsHoneyHouse 9 ай бұрын
Stay in the light neighbors‼️‼️👍🏽🌎🫶🏼😇
@AN-dp9nn
@AN-dp9nn 2 ай бұрын
⁠Any suggestions where to shop for private health insurance.
@miss.phyllisreneefoster9547
@miss.phyllisreneefoster9547 5 жыл бұрын
thank you so much for this wonderful information, yes thank you.
@itsabeautifulthing2419
@itsabeautifulthing2419 Жыл бұрын
Please if anyone is going through hardship at you're employment stick it out. 💞 Make notes of everything that is happening to you at you're workplace keep a journal write down dates and times. It will be worth it at the end. 💞
@rodschmidt8952
@rodschmidt8952 8 ай бұрын
And even routinely record all voice conversations, if it's legal in your state.
@realdealastrology9
@realdealastrology9 Ай бұрын
Absolutely! After my employer retaliated against me, and slightly before then, I started documenting everything for a full 6 days. Then they fired me. When I presented everything to my lawyer, he called me a “lawyer’s dream.” I just can’t wait until he serves them with a mega suit after my unemployment benefits hearing. He’s just waiting for that, and I’m sure I will win at the hearing.
@emmav4147
@emmav4147 4 жыл бұрын
Your videos are very helpful, thanks so much for doing it!!!🙏How much more should I get given that it’s a pandemic and my industry is pretty niche - US immigration (I.e. US inbound) law clerk
@RamonMartinez-jz9uv
@RamonMartinez-jz9uv 6 жыл бұрын
Awesome video Branigan, thanks for your advice!
@samarramoh5867
@samarramoh5867 Жыл бұрын
Very helpful thank you so much for your efforts
@andrec7440
@andrec7440 2 жыл бұрын
Thank you so much. I wish I had this years ago.
@neenahlacroix9869
@neenahlacroix9869 2 жыл бұрын
Very helpful..thank you.
@kamauwilliamk
@kamauwilliamk 2 жыл бұрын
This was very helpful ...
@hisgraceissufficient5323
@hisgraceissufficient5323 5 жыл бұрын
Quick question, if they they won't contest unemployment, does it really matter. Most severance agreements are written saying I, the employee, resign. If they send this to the unemployment office, does it really matter? If you resign you cannot collect unemployment, right?
@staceyg4722
@staceyg4722 4 жыл бұрын
Branighan, my company laid me off (employed 1 yr 7 mths) due to Covid and gave me 3 weeks severance and offered to pay health insurance COBRA for 3 months. I was great employee but not there very long. I don't need the health insurance bc I use my husband's. Can I leverage that in a negotiation? Basically say "bc I won't be taking COBRA health as part of your offer I would take the $6k in addition to my 3 weeks." So essentially instead of paying Insurance, they're paying me. Also what are your thoughts on asking for my discretionary pro rated bonus pay that I didn't get this year?
@osamagamal495
@osamagamal495 13 күн бұрын
Very helpful. Thank you for the information.
@tametriusjohnsonfielder8080
@tametriusjohnsonfielder8080 4 жыл бұрын
Thank you for your videos
@golfgirl4211
@golfgirl4211 Жыл бұрын
Mr. Robertson, can WARN be part of a severance pay out? My company offered 16 weeks of severance, but 8 weeks of that was the WARN pay out.
@CarlosLopez-en6dp
@CarlosLopez-en6dp 2 жыл бұрын
Employer let go of a lot of tenured management a few days ago, was offered a severance or but down in role. Been there 13 years and currently on leave. What options do I have
@ian_ong
@ian_ong 3 жыл бұрын
Very informative
@djkweensupreme1
@djkweensupreme1 3 жыл бұрын
"Spidey senses telling u" luv.it!
@JB4C89
@JB4C89 9 ай бұрын
Thank you good sir!
@maureenhinds3491
@maureenhinds3491 Жыл бұрын
Thanks I have learned a lot from this video,the company want me to come mutual agreement, I havnt agree but they write the check termination, they terminate me but havnt to me about of servance,
@wakilcanty1095
@wakilcanty1095 10 ай бұрын
Wish this guy was in Pa he’s good
@Peakseasonlogistics
@Peakseasonlogistics 5 жыл бұрын
Excellent
@reality0602
@reality0602 Жыл бұрын
What if contract does not have a deadline date in it?
@mcmickey3344
@mcmickey3344 5 жыл бұрын
Do you find that most companies are amenable to delaying the termination date?
@psilocybemusashi
@psilocybemusashi Жыл бұрын
doesn't matter its a good move anyway. there are so many reasons to delay it it is worth asking.
@jamieg1802
@jamieg1802 5 ай бұрын
place i work is late on my pay, how can i get the back pay?
@debscali9479
@debscali9479 2 жыл бұрын
I quit due to continuous "depositions" with HR and my boss. Boss always fishing for issues with me from coworkers and embellishing, taking out of context, lawyer and gaining power. I then asked to rescind my resignation as there is a new manager coming and I was assured by coworker/friends she is very good. My request to cancel my resignation was denied. I put in a 2 week notice and asked to cancel it in less than 24 hours but it was denied. I always got good annual review, excellent peer review , good attendance, superior work knowledge and performance. I feel the harassment was too much to bear and if I got fired it would ruin my career so I quit with notice in writing.
@sonnyjstv
@sonnyjstv Жыл бұрын
I quit as well and was offered a serverance deal. Want to know if it should or shouldn’t
@christopherfrost3333
@christopherfrost3333 2 жыл бұрын
My company just got bought out, ( we are union) do I have any rights? We do 40-45 hour work 4-days a weekd and the other company is 5 days 14 hour days
@meropale
@meropale Ай бұрын
I'm hesitant to sign mine. I don't know if it's worth it in the long term.
@serious_in_seattle6917
@serious_in_seattle6917 5 ай бұрын
Whenever I have contacted lawyers about anything previously, it was impossible to get even a callback. I had receptionists even hang up on me. Uber was denying sick pay to everyone in Seattle and in my case I had been hospitalized with a severe asthma attack, taken by ambulance to the hospital. Uber said that sick pay claims had to be submitted PRIOR to taking sick days. Totally outrageous. No attorney would speak to me. I finally contacted the labor relations department of Seattle and they pursued it and got everyone paid, including me. That would have been a huge class action lawsuit and no attorney would speak to me. I’m being pressured now to transfer to a different out of state office that would require me to sell my home. So far it’s not going well. I think they might eventually lay me off or fire me. If that happens I want severance. Who do I contact?
@masha3365
@masha3365 3 ай бұрын
this company sounds really shitty. don't sell your house to move for them, they are not worth it. find another job.
@6554532
@6554532 4 ай бұрын
Is there a rule of thumb to how many months of severance one might get to the number of years they worked for the company? As a top performer but being laid off due to company divestments.
@filocruz1604
@filocruz1604 4 жыл бұрын
I really need a appt where is your office I have a case need your service
@justinliles7422
@justinliles7422 2 ай бұрын
How does the California WARN act come into play?
@coco92142
@coco92142 2 жыл бұрын
Quick question: My last day from work is November 12 but I just found a new job and I will be starting November 8. The overlapping is only four days I do not want to lose my severance package because of my new job. Since my last day is November 12 despite the fact I had worked 20 years how do I approach it to HR what is my legal right? I am entitled to it I earn it the last 20 years . Any suggestion would be appreciate it
@sgueymard
@sgueymard 2 жыл бұрын
Couldn't you start your new job 4 days later?
@digleman1
@digleman1 Жыл бұрын
Just don't tell them and don't post it on social media.
@jaydenp4975
@jaydenp4975 4 жыл бұрын
What about when a company gives verbal promise of severance company wide and then weeks before implementation /company lay offs they change their minds? Then they ask those employees to stay or voluntarily quit and get no severance?
@braniganrobertsonlaw
@braniganrobertsonlaw 4 жыл бұрын
Unfortunately, that is completely legal. Its totally unfair, but unless its a written contract, a company can retract a policy/promise like that.
@masha3365
@masha3365 3 ай бұрын
@@braniganrobertsonlaw can they retract the written offer for severance if you ask fore more?
@tobiusjtz7607
@tobiusjtz7607 9 ай бұрын
Indeed
@alondramoore4619
@alondramoore4619 Жыл бұрын
I was a great employee and they still laid me off after I reported retaliation.
@realdealastrology9
@realdealastrology9 Ай бұрын
That’s a lawsuit
@Alagathevictor
@Alagathevictor 4 жыл бұрын
I was offered a 30k severance. I worked for 3 years in the company. I didn´t sue them
@CNTOUS
@CNTOUS 4 жыл бұрын
Alagathevictor that’s very nice package. Wonder what’s your industry and position is.
@Alagathevictor
@Alagathevictor 4 жыл бұрын
CNTOUS Mechanical engineering. I was a projekt engineer at Gea, I’m 31 years old and live in Denmark. The 30k in Usd is the total of 4 months salary +1 extra paid out together with the last paycheck
@vega21
@vega21 Жыл бұрын
@@Alagathevictor Damn I should have been a Mechanical engineer.
@Priva_C
@Priva_C Жыл бұрын
@@AlagathevictorHow did you exit the company ? Termination, layoff or did you resign?
@icawn
@icawn Жыл бұрын
Wow that sounds like an pretty great offer. I was recently severed after 15 years and the policy is 1week pay for every 1 year, up to 10 years. For years after 10, the calculation is 1.5x weekly pay for every 1 year. You've only been there 3 years and offered far more than my company does. I'm also an engineer.
@TheMohammad3252
@TheMohammad3252 6 жыл бұрын
Also do you only take California cases ??
@braniganrobertsonlaw
@braniganrobertsonlaw 6 жыл бұрын
I only practice law in California, yes.
@TheMohammad3252
@TheMohammad3252 6 жыл бұрын
Can you make a video for EEOC mediation and how to be successful ? Thanks
@braniganrobertsonlaw
@braniganrobertsonlaw 6 жыл бұрын
Interesting idea. Maybe!
@TheMohammad3252
@TheMohammad3252 6 жыл бұрын
Branigan Robertson I'm not sure if I should hire a attorney for a mediation at EEOC ??
@braniganrobertsonlaw
@braniganrobertsonlaw 6 жыл бұрын
The only person who can answer whether or not you should hire a lawyer would be you. If you don't feel the EEOC will do a good job on your behalf, then hire a lawyer from your jurisdiction. It also depends on how much $ is in controversy. If your claim is for a lot, and you have good liability, then you should be able to find a lawyer from your state. Best of luck!
@DwayneCoates007
@DwayneCoates007 5 жыл бұрын
@@braniganrobertsonlaw can I send you my story in a email...Pleeeease
@clintlinks8972
@clintlinks8972 4 жыл бұрын
I have just received a letter ... And a severance package offer will be discussed ** .... Just now today when I received it on this date ... I am extremely scared now
@bushgirlremedies135
@bushgirlremedies135 3 ай бұрын
Do you operate in NYC
@donatotaa3713
@donatotaa3713 5 жыл бұрын
Yes sir my doughter get fired bec she went vacation but she did not come back right away but she her boss that she cannot come back on time and wen she come back my doughter she’s planning to go to school and she give a one week notice that she quit bec she go to school but she did not finish the one week wen she go to work for the third day she punch in and after one hours they send home that’s a wrong termination pls call us we need your help pls
@bobb7918
@bobb7918 8 ай бұрын
Extending your employment time for pension or maintaining your life insurance is also something you can ask for.
@doug1511
@doug1511 4 жыл бұрын
I need your help ASAP
@realdealastrology9
@realdealastrology9 Ай бұрын
To me, severance is just another word for “bribe”. I rejected my company’s agreement as soon as I received it because I definitely had to sue them BIG.
@shahkhan9219
@shahkhan9219 2 жыл бұрын
I have a disability, announced it and then two weeks letter I get fired with a severance and told me it was my performance
@elisabethelchami7527
@elisabethelchami7527 3 ай бұрын
I went through the exact same story two weeks ago. The manager lectured the reasons for firing me for 20mins. And most those reasons were not even related to performance. Stupid manager.
@originalzombiefied523
@originalzombiefied523 Жыл бұрын
I just lost my job and apparently they say I quit, well I walked out cause on how the manager talked to me. I told the one manager I wasn't coming back. I was just upset I need advice
@icawn
@icawn Жыл бұрын
It's been 3 months now. what happened? It sounds like your boss certainly interpreted it as quitting, but the law may not have based on the exact words you used at the time.
@michaelschmidt967
@michaelschmidt967 2 жыл бұрын
Sorry I know this is off topic but can I be fired for buying alcohol while on duty and dropping it off at home ?
@braniganrobertsonlaw
@braniganrobertsonlaw 2 жыл бұрын
Yep.
@michaelschmidt967
@michaelschmidt967 2 жыл бұрын
@@braniganrobertsonlaw ok thanks for the reply last question and if it was a fellow employee that bought it for me ?I didn't go to the bottle store I asked a colleague to get it for me but I did meet him at my house which Is in my area of work.
@a.barker7792
@a.barker7792 Жыл бұрын
My wife job is being down sourced. Too cheaper labor from nurses too, nurses aids. After 41 years. Old hospital bought out by top 10 brand. Offering 24 weeks pay. What do you think?
@icawn
@icawn Жыл бұрын
My company offers 1 week for every 1 year. But after year 10, the calc is 1.5x pay per year. I don't believe there is any cap. Did she take it?
@a.barker7792
@a.barker7792 Жыл бұрын
@@icawn had too. Others got nothing. That held out. And if you quit, nothing also. She got to use up her 3 months accumulated sic time also to rehab both her knees.
@cursetea49
@cursetea49 Жыл бұрын
I just got fired for a multitude of reasons under the guise of "didn't clean well enough"
@nunayobiznass
@nunayobiznass 3 жыл бұрын
Deadline by an employer means nothing in Canada..
@tdunn2
@tdunn2 Ай бұрын
**Important** ADEA / Age Discrimination is only for companies that have over a certain number of employees (20 or 15).
@adriannathegreat9890
@adriannathegreat9890 Жыл бұрын
I can't imagine any company delaying the termination date.
@paolamura3497
@paolamura3497 8 ай бұрын
They do it all the time...with the big managers of course
@donbondeauH
@donbondeauH Жыл бұрын
100%
@lmc9972
@lmc9972 2 жыл бұрын
Can your employer tell the employees not to speak to you after you are fired and offered severance?
@kengriffith1873
@kengriffith1873 Жыл бұрын
No
@levonlyons
@levonlyons Жыл бұрын
I was never on a contract with any job I worked and people that get dismissed or layed off should be required to get ei for the situation as it is hard to find jobs now 2023
@nicholastube17
@nicholastube17 Жыл бұрын
Dang. JCal got put in “time out”. No, after school activities for you.
@black5254
@black5254 Жыл бұрын
I wish I watched this video before signed that release. 🤦🏻‍♂️
@braniganrobertsonlaw
@braniganrobertsonlaw Жыл бұрын
Live and learn, my friend.
@sinnersavedbygracethrufait8933
@sinnersavedbygracethrufait8933 4 жыл бұрын
Thanks Spider-Man!
@jaaronfletcher
@jaaronfletcher 3 ай бұрын
This should be a CLE.
@joeordinary209
@joeordinary209 Жыл бұрын
If You sign a none competing clause, better have a matching severance clause covering You fully for the entire none competing period.
@Priva_C
@Priva_C Жыл бұрын
I did sign a clause years ago when joining the company, I’m not sure if it’s non compete. They fired me and then told me I’m not eligible for severance because I was fired and not laid off.
@joeordinary209
@joeordinary209 Жыл бұрын
@@Priva_C There are probably also stipulated in the contract under what conditions You are not eligible for severance when the contract ends. So worth checking if those conditions are met or not in Your case.
@Priva_C
@Priva_C Жыл бұрын
@@joeordinary209 What if the Corp did not provide me with an employee handbook that breaks all this down? I'm searching all my emails and found tons of documents from them but no pamphlet. Multi Billion dollar company, you'd expect a pamphlet lol
@joeordinary209
@joeordinary209 Жыл бұрын
@@Priva_C Think they are obliged to show You the clause/details covering the details You are not eligible for severance. Might be they just test You out by saying no, but when asking questions....things might be different. Obviously pends on the reason You was fired
@user-xn5co6oe1s
@user-xn5co6oe1s 8 ай бұрын
Here trial I will have next 10 years.
@EricScott-zp7pr
@EricScott-zp7pr 2 жыл бұрын
anyone else here because they are being terminated from the vaccine mandates? Not sure if I should sue or write up a severance. Hmmm
@sailstomars
@sailstomars Жыл бұрын
I was today ya
@pirateg3cko
@pirateg3cko 11 ай бұрын
You should get vaccinated lol
@Kittiesinclair5
@Kittiesinclair5 9 ай бұрын
So the vaccine mandates were employing you?
@ghostdog2041
@ghostdog2041 8 ай бұрын
@@pirateg3ckonot me. Never again. I got the booster last September and have been fighting an allergic reaction called urticaria ever since. For a year! No more Covid shots for me.
@pirateg3cko
@pirateg3cko 8 ай бұрын
@@ghostdog2041 that's fair if you're having allergies. Stick to what a doctor recommends. But you likely already know you're the outlier. Many snowflakes here never tried to get immunized and have no excuse.
@samiramehr1406
@samiramehr1406 Жыл бұрын
My rate just went up due to some very stupid and strange behaviors 😊
@samiramehr1406
@samiramehr1406 Жыл бұрын
Can you afford $10,000,000.00 right now?
@adriannathegreat9890
@adriannathegreat9890 Жыл бұрын
I can't imagine any company delaying the termination date.
@TallEnglishman
@TallEnglishman Жыл бұрын
They can if you're a critical part of the team. Let's say you deal with specific clients and they need time to move them to new contacts. Or maybe you're the only person who knows how to do something so they need to train somebody else up, etc.
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