This is a sample report based on a representative scenario. Names, employer details, and exact dollar amounts in real reports are calibrated to the buyer's specific inputs. This document is educational and does not constitute legal advice. For advice tailored to your situation, consult a qualified employment attorney.
The federal Worker Adjustment and Retraining Notification Act (WARN) requires employers with 100 or more employees to give 60 calendar days of written notice before a mass layoff. Based on what you reported, your layoff almost certainly meets the threshold.
If the WARN Act applies and your employer failed to provide 60 days of advance notice, federal law requires them to pay you for each day of notice they missed. The pay calculation is based on your higher-of: average wage over the last 3 years, or your last rate. The pay also includes the value of your benefits during that 60-day window.
Federal law mandates zero severance. It is entirely a matter of employer policy or negotiation. For Senior Product Managers with your tenure at mid-size SaaS companies, the 2026 benchmark range is significantly above the offer on the table.
Based on your inputs, our recommended counter-offer is 11 weeks of base pay ($30,673). This is the median, defensible without needing to escalate. We have included higher-asks in the negotiation script (Section 07) for use if your initial counter is accepted without pushback.
New York is one of twelve US states that legally require employers to pay out accrued, unused vacation upon separation. Your offer letter does not mention this. You are owed the cash value regardless of what the separation agreement says.
You are eligible for New York State unemployment benefits as a laid-off worker. Based on your salary, you will hit the maximum weekly benefit rate.
New York treats severance as wages. Your unemployment benefits do not start until your severance period ends. If you accept 4 weeks of severance, your first unemployment check arrives roughly 5 weeks after your last day. If you negotiate 11 weeks, expect your first check around week 12.
File your initial unemployment claim within the first week regardless of severance timing. The claim establishes your benefit year and the clock starts running. Filing late narrows your benefit window.
Your employer-sponsored health plan terminates either on your last day or the end of the month, depending on the plan. After that, you have three viable options. Most laid-off workers default to COBRA without realizing the marketplace is often dramatically cheaper.
Many separation agreements offer to subsidize 3 to 6 months of COBRA. This is essentially free money for the employer (they have already absorbed your headcount) but real value for you. Ask for 6 months of COBRA premium subsidy on top of your severance. The script in Section 07 includes the language.
If you take the subsidy and then switch to a marketplace plan partway through, you may be able to keep the unused subsidy as cash, depending on how the agreement is worded. Confirm this with your HR contact before signing.
Read these eight clauses carefully. Each one has cost real workers real money. The recommended action for your specific offer is in bold under each.
If the clause is mutual, it is fine. If it only restricts you, push back. Your offer: one-sided. Ask to make it mutual.
Standard. Limits your ability to litigate. Your offer: standard language. Acceptable.
New York limits non-competes for most workers. If yours has one, push back hard. Your offer: 12-month non-compete. Recommend striking entirely or limiting to direct competitors named by company.
Standard at 6 to 12 months. Pushback rarely succeeds. Your offer: 12 months. Acceptable.
Watch for language disqualifying you from bonuses or commissions earned but not paid. This is real money. Your offer: agreement is silent on Q1 2026 bonus. Ask explicitly for confirmation it will be paid.
If you have unvested options or RSUs, ask for at least 6 months of acceleration. Standard for senior roles in tech. Your offer: no acceleration. Recommend asking for 12 months given group layoff context.
Get a written commitment that the company will provide a neutral reference and confirm rehire eligibility. Your offer: silent. Ask for written confirmation in the side letter.
Standard. Means you cannot sue for things you do not yet know about. Your offer: standard. Acceptable.
This is the highest-value section in this report. The script below is calibrated to your specific situation. The numbers are your numbers. Use it verbatim, or as a base for your own version.
Send this from your personal email, addressed to the HR contact who delivered the news. Do not reply from your work email if you still have access. Keep the tone calm and professional.
Hi [HR contact name], thank you for the time today. I appreciate the offer and the support you've outlined. I'd like to take the time afforded under the agreement (21 days for ADEA review) to fully consider it. I'll plan to come back to you with any questions or proposed adjustments by [date 7 to 14 days out]. In the meantime, please confirm in writing the timeline for the offer's expiration, the status of my unused PTO, and whether the agreement has been filed with NY Department of Labor under WARN. Thanks again.
Open warmly. State your counter clearly. Anchor your number. Then stop talking.
[HR contact], thanks for taking the time. I've reviewed the offer carefully and want to share where I've landed. Given my four years of tenure, my role on the [project name] launch, and the context of the broader layoff, the offer at four weeks is well below the typical range for senior PMs at my tenure. Based on the benchmarks I've gathered, I'd like to propose 11 weeks of base pay, plus 6 months of COBRA premium subsidy, plus full payout of my 15 unused PTO days, plus written confirmation that my Q1 bonus will be paid as earned. I'm willing to sign promptly once that's in place.
After delivering the ask, stop talking. Let the silence do the work. Most HR contacts will say "I'll need to take this to leadership and come back to you." That is the response you want.
"This is the standard package and we can't deviate."
I understand standard packages are designed for the typical case. My situation has a few specifics that warrant a closer look — particularly the WARN Act timing and the unused PTO under New York law, which are separate from severance. Could we walk through those together?
"We don't negotiate severance."
I appreciate that's the policy as you've understood it. I'd ask that you escalate the request to leadership, given the size of the layoff and the legal complexity. I'm happy to wait for their response.
"The offer expires Friday."
Thanks for letting me know. As I noted, federal law (the OWBPA, since I'm 38) requires me to be given at least 21 days to review. I want to use that time to give your counter-proposal the consideration it deserves. I'll be back to you well within that window.
Get every adjustment in writing in a revised separation agreement, not in a side letter. Confirm via email what was agreed before you sign. The exact email:
Hi [HR contact], confirming what we discussed today: the revised severance is 11 weeks of base pay ($30,673), the company will subsidize COBRA premiums for 6 months (estimated $4,680 value), my 15 unused PTO days will be paid out in full ($8,365), and my Q1 bonus will be paid as earned per the bonus plan. The revised agreement will reflect all four items. Please send the updated draft when ready. Thanks for working through this.
The numbers in this sample are calibrated to one PM in New York. Your numbers are different. Your state's rules are different. Your role tier is different. The personalized version of this report is two minutes and $39. Reviewed by our team. 7-day money-back guarantee.
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