California | Disability Law
Legal Question
If I negotiate my severence in writing and my employer doesn't respond within 21 days, am I screwed?
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Legal Answer
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Read More Answered By: Michael Kirschbaum |
Your question is too broad to be able to tell you if you are "screwed". You may be referring to the 21 days employers must give employees who are 40 years old or over, to consider signing an offer of severance. The offer expires, if not accepted, after 21 days (in some cases, it can be up to 45 days). If you made a counter-offer, that can be deemed a rejection of the original offer made by the employer.
The fact that you have not heard from the employer should be assumed they will no longer offer severance. It is my experience that most employers want you to sign the release that is almost certainly contained in the agreement. That may be a motivating reason they will still entertain paying you severance, though it may not be the amount you are looking for.
Every case is based upon many specific facts that relate to the employment relationship and the reasons it has ended. Whether or not you can still negotiate with this employer will be based on criteria that can only be assessed after consulting with experienced employment law counsel. Don't give up...either continue to communicate with the employer, directly, or with the assistance of counsel. |
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