How do I negotiate a severance in Texas?

Mark S. Siurek

Answered by:
Mark S. Siurek

Located in Houston, TX
Warren & Siurek LLP

Mark S. Siurek - Employment & Labor - Super Lawyers

Answered by: Mark S. Siurek

Warren & Siurek LLP
Houston, TX
Phone: 713-522-0066
Fax: 713-522-9977

View Profile

Typically, employees have no legal right to a severance payment at the termination of their employment relationship. Nevertheless, there are a number of strategies which may be used to obtain or enhance a severance package depending on the circumstances resulting in the separation.

When negotiating a severance, it is important to work from your strengths. First, you should determine whether you have a viable legal claim to assert against your employer. For example, is there some evidence that you were treated differently by your employer because of your age, race or gender? Have you or a family member recently experienced health challenges requiring time off from work? If the answer is yes, know that you will essentially have to release all legal claims that you may have against your employer in order to receive a severance package. As a result, it is strongly suggested that you consult an attorney if you believe that you may have a legal claim against your employer before you enter into a severance agreement.

Other considerations in severance negotiations include whether or not you have a written employment contract or whether or not your employer has a severance policy. Additionally, you must find out whether you have any post-employment obligations to your employer such as a non-compete agreement. You should also learn your employer’s position regarding the payment of unemployment benefits. All of these factors can play a role in severance negotiations.

Importantly, do not discount any professional contributions that you made to the company during your employment. Be prepared to elaborate on your hard work and take advantage of any goodwill that you established as a result.

Finally, remember that a severance agreement is a contract between you and your former employer. Although it is very helpful to consult an attorney during severance negotiations, at the very least, you should have the severance agreement itself reviewed by an attorney before you sign it.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

Other Answers By Mark S. Siurek

Employment Law - Employee

Are non-compete agreements enforceable in Texas?

Unfortunately, for employees in Texas, non-compete agreements and other restrictive (or protective) covenants have become much more likely to be …

Answered by: Mark S. Siurek

Wage & Hour Laws

Does an employer in Texas have to pay overtime?

Generally, employers in Texas must pay their employees overtime compensation for any hours worked beyond forty (40) hours in a workweek. However, …

Answered by: Mark S. Siurek

Other Answers About Employment Law - Employee

Employment Law - Employee

Is my noncompete agreement enforceable in Ohio?

Everyone has the right to employment. The first thing to do to determine if a noncompete agreement is enforceable is to read it carefully and to …

Answered by: Robert J. Dubyak

Employment Law - Employee

When must my employer allow leave in New Jersey?

There are various circumstances which may compel employers in New Jersey to provide a leave of absence.  Under certain circumstances, employers …

Answered by: Adam J. Kleinfeldt

Employment Law - Employee

Are Georgia Employers Required To Pay Overtime?

Workers who go the extra mile for their employers should receive full compensation for the hours they work. This includes any overtime pay they are …

Answered by: Michael Caldwell


If you send a lawyer or law firm email through this service, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via this email service. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties. Super Lawyers will not retain a copy of this message.

Page Generated: 0.48869490623474 sec