San Francisco, CA employment attorney Traci M. Hinden talks about why should should work with a lawyer to negotiate your severance. She recommends against attempting to negotiate a settlement agreement without first consulting an attorney. She explains that settlement agreements may contain what she refers to as “creepy settlement terms,” which can be heavily one-sided, provide inadequate protection for the employee, or require the employee to repay settlement funds based on certain circumstances. She also cautions that employees may hurt their negotiating position by immediately stating the amount of money they are willing to accept because the other side is unlikely to simply agree to that figure and will typically negotiate for a lower amount.

She points out that once an employee has already presented a specific settlement figure, it can become more difficult for an attorney to negotiate that amount upward because the employee may have weakened their credibility in the negotiation process. She encourages employees to avoid making an immediate or emotional demand and instead consult with an attorney before communicating a settlement figure. She notes that an attorney may either provide guidance during a consultation or, depending on the circumstances, negotiate the settlement directly on the employee’s behalf.