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There are many good reasons for this, the most important being the need to maintain and reinforce the good feelings between the employer and the prospective new employee.The situation is reversed when negotiating for an enhanced severance package.In the event that fails, it helps to consider the situation objectively.On the other hand, it can be equally important to carefully consider, as objectively as possible, any claims of grievance you might have, to determine whether there is a legal basis for complaint.Nonetheless, you should immediately locate a copy of any offer letter, employee welcome package, employee handbook, e-mail, and other documentation (including stock option grants and plan documents) relating to your original job offer, and any materials relating to the modification of your responsibilities or compensation.It is often helpful to review pay stubs to determine accrued but unused vacation time and your exact salary rate.Assuming you are, for now, going it alone, it is crucial to understand that most companies will offer you some severance in return for executing a release of all claims you could bring against the company, its officers, directors and others doing its bidding.To the extent the company offers to pay you anything not required by state or federal law, it is in return for your release.
While this concept will depend on the law of the state in which you are employed, generally speaking, employment "at-will" means you can be terminated for any or no reason as long as the reason is not an illegal one under the applicable law.
While ultimately few terminated executives may be able to establish such circumstances, it is not uncommon for hard-charging and successful people to underestimate the impropriety of conduct to which they have been subjected in the performance of their duties.
Many such executives attempt to overcome negative circumstances through sheer will and determination.
In assessing your rights, you are generally trying to determine whether you have 1) written, verbal or other rights that have been expressly violated by the circumstances of your termination or the level of the company's severance offer; 2) a basis for claims which could be settled in connection with a mutually agreeable severance package; and 3) leverage to engage the company in an open-ended negotiation of your severance package.
In negotiating an offer of employment, executives using attorneys for advice nonetheless often conduct the direct negotiations themselves.