California Executive Severance Negotiation Attorney

Know The Difference

What We Can Improve Beyond The Base Severance Offer:

• Severance Pay
  The number your employer offers is almost always a floor, not a ceiling. We look at how the payment is structured, whether it is a lump sum or salary continuation, how it interacts with bonus and commission plans already in progress, and what additional months of pay are realistic to ask for given your tenure and role.

• Release of Claims
  A broad release means you are giving up the right to pursue anything from your employment, including claims you may not even know you have. Before you sign, we identify what you are actually releasing and whether the severance amount reflects the value of those claims, not just a standard multiple of salary.

• Equity and Bonus Treatment
  Unvested RSUs, stock options, and pending bonuses are frequently left on the table because employees assume the vesting schedule is final. It often is not. We push for accelerated vesting, extended exercise windows on stock options, and payment of bonuses that were earned but not yet paid at the time of departure.

• Benefits Continuation
  Standard COBRA coverage puts the full premium cost on you almost immediately. We negotiate for the company to continue paying its share of health coverage for a defined period, and we address what happens to retirement plan contributions and any unvested employer match.

• Reference and Departure Narrative
  How your departure gets described, internally and to future employers, is a term of the deal like any other. We negotiate specific reference language, agreement on what will and will not be said to prospective employers, and in some cases a neutral or positive public departure narrative.

• Restrictive Covenants
  California voids most non-compete agreements as a matter of law, but employers still write them into severance agreements hoping you will not push back. We identify which restrictions in your agreement are actually enforceable and which are not, so you know exactly what you can and cannot do next.

• Tax Treatment
  A lump sum payment, salary continuation, and payments spread across tax years all carry different tax consequences. We structure the timing and form of payment to work in your favor wherever the company has flexibility to agree to it.

• Change-in-Control Benefits
  If your employment or equity agreements include change-in-control provisions tied to a merger, acquisition, or sale, we confirm whether those provisions were triggered and enforce them if your employer is trying to characterize your departure in a way that avoids paying out.

• C-Suite and VP-Level Departures
  At this level, severance negotiations typically involve more than one document: the employment agreement, equity grant agreements, an indemnification agreement, and sometimes a board resolution. We review the full set together, because a favorable term in one document can be undermined by language in another.

How This Works

1. A Confidential Conversation

We start with a call to understand your offer, your timeline, and what matters most to you. You do not need to have decided anything yet.

2. A Clear Assessment

We review your severance agreement and any related employment or equity documents, and tell you plainly where there is room to negotiate and where there is not.

3. Direct Negotiation

We handle the conversation with your employer or their counsel on your behalf, so you are not the one going back and forth while still trying to manage the rest of your transition.

4. A Final Agreement You Understand

Before anything is signed, you know exactly what you are getting and what you are giving up, in plain terms.

Why Cunningham Law for Severance Negotiations

15+ Years of Severance Negotiation Experience
We have seen every tactic employers use in a severance process and know exactly how to counter them.

Transparent Flat Fee Structure
You will know exactly what representation costs before any work begins. No hourly billing, no surprise invoices.

Confidential by Default
Many of our clients are still employed when they contact us. Every inquiry is protected by attorney-client privilege from the first conversation.

Direct Access to Your Attorney
You work directly with Michael Cunningham, from the first call to the final signed agreement.

Selective Practice
We do not take every matter that comes to us. We take the ones where experienced counsel makes a measurable difference in the outcome.

Personal Attention Backed by a Capable Team
Michael Cunningham is personally involved in every matter, supported by an experienced team but never replaced by one. You get direct access with the resources of a full firm behind it.

Severance Negotiation FAQs

Q: Do I have to accept the severance package I was offered?
A: No. The initial offer is a starting position. Executives who negotiate with experienced counsel consistently secure better terms across pay, equity, and benefits.

Q: How long do I have to review a severance agreement in California?
A: At least 21 days if the release includes age discrimination claims, with 7 days to revoke after signing. 45 days for group terminations. Pressure to sign quickly is a tactic, not a deadline.

Q: What happens to my unvested equity when I am terminated?
A: It depends on your grant agreement. There are often grounds to negotiate accelerated vesting or a cash equivalent as part of severance.

Q: Will accepting severance affect my unemployment benefits?
A: It can, depending on how the payment is structured. We structure agreements to preserve eligibility wherever possible.

Q: Can I negotiate severance if I resigned?
A: Potentially, particularly if the resignation was effectively forced. We evaluate the circumstances to determine your leverage.

Q: What is a change-in-control provision?
A: A contractual benefit triggered by a merger, acquisition, or ownership change, often including accelerated vesting or enhanced severance. We review these provisions and enforce them when employers attempt to minimize what is owed.

Q: What if I already signed the agreement?
A: If you signed within the last 7 days and the agreement released age discrimination claims, you may still be able to revoke. Contact us regardless. Options may still exist.

Do Not Sign Anything Until You Know What You Are Giving Up.

Every inquiry is protected by attorney-client privilege from the first conversation. Call (619) 349-4747 or Schedule a Confidential Consultation