They're Offering Me 2 Weeks' Severance. Is That All I Can Get?

Two weeks of severance feels like a slap in the face, especially if you gave years to this company. But before you sign it and move on, you should know that the first offer is almost never the final offer. And in California, you may have leverage you don't realize.

Is Two Weeks Normal?

There's no law in California that requires employers to pay any severance at all. Severance is not mandatory. So technically, any amount is more than zero. But "normal" and "what you should accept" are two different things.

The rough industry standard is one to two weeks of pay per year of service. So if you worked at the company for five years and they're offering two weeks total, that's well below what many employers offer in similar situations. It may be a lowball opening, not a final number.

But the real question isn't what's "standard." It's what your specific situation is worth.

What Determines How Much You Can Get

Severance isn't a gift. It's a transaction. Your employer is buying something from you: a release of your legal claims. The more valuable those claims are, the more leverage you have.

How strong are your potential claims? If you were fired because of your age, race, gender, pregnancy, disability, or because you reported illegal activity, you may have a discrimination or retaliation claim worth far more than two weeks of pay. Under California's Fair Employment and Housing Act (FEHA), discrimination damages filed in Los Angeles County Superior Court can include lost wages, emotional distress, and in some cases punitive damages.

How long were you employed? Longer tenure typically means more leverage. An employee who gave 15 years to a company has a different negotiating position than someone who was there for six months.

Do you have unpaid wages? If your employer owes you overtime, missed meal or rest breaks, or unreimbursed business expenses, those are claims you can pursue with or without a severance agreement. Under California Labor Code Sections 201 through 203, your employer also faces penalties for late final paychecks. These outstanding obligations give you additional leverage in negotiations.

What's your age? Employees over 40 have additional protections under the OWBPA and ADEA. If there's any evidence that age played a role in your termination, that claim has real value.

What does the company want to avoid? Litigation costs money. Bad press costs money. If the company has reasons to want this to go away quietly, they'll often pay more to make that happen.

What's Actually Negotiable

Money is the obvious one, but it's not the only thing worth negotiating. Here's what a Los Angeles employment attorney typically pushes for:

More severance pay. Whether that's more weeks of salary, a lump sum, or continued salary payments over a longer period.

Extended health insurance. COBRA is expensive. Some employers will continue paying their share of your health insurance premiums for several months beyond the standard offering.

A neutral or positive reference. Many agreements say the company will confirm only dates of employment and title. You can negotiate for a positive written reference or an agreement on what your former manager will say if contacted.

Outplacement services. Some companies will pay for career coaching or job placement services.

Equity and stock options. If you have unvested stock options or RSUs, you may be able to negotiate accelerated vesting or an extension of your exercise window. This is particularly common in LA's tech sector.

Narrower restrictions. You can push to narrow the non-disparagement clause, limit the confidentiality provisions, or remove a non-compete entirely (which is unenforceable in California anyway under Business and Professions Code Section 16600).

When Two Weeks Might Be Reasonable

Not every severance offer is a lowball. Here are situations where two weeks might actually be fair:

You were employed for a short time, you don't have any potential legal claims, and you want to move on quickly. If you were at the company for less than a year, were terminated for a legitimate business reason, and have no evidence of discrimination or retaliation, two weeks might be a reasonable offer.

But you should still have an attorney review the release language. Even if the money is fair, the restrictions you're agreeing to might not be.

How to Push Back Without Blowing It Up

Most people are afraid that if they try to negotiate, the employer will take the offer off the table entirely. This almost never happens. Employers expect some negotiation. They made a first offer knowing you might counter.

The key is to be professional and specific. Don't just say "I want more." Explain why: your tenure, your contributions, the disruption to your career, any concerns about how the termination was handled. An attorney can frame this for you in a way that signals you know your rights without being adversarial.

What to Do Next

Before you accept two weeks because it feels like that's all there is, get a professional evaluation. Our employment attorneys offer free severance agreement reviews for workers in Los Angeles and throughout Southern California. We can tell you in one conversation whether your offer is fair, whether you have claims worth more, and what a realistic counter-offer looks like.

You gave this company your time and your work. Make sure you're getting what that's worth on the way out.