Practice · 01

Severance & Exit Negotiation

A departure is a negotiation, not a formality. The first offer an employer puts in front of a departing executive is rarely their best — and almost never yours. We turn a forced exit into a fair one.

An executive severance agreement with a fountain pen
The Mandate

What we are engaged to do.

We are engaged the moment an offer, a rumor, or a difficult conversation signals that an exit is coming. Whether you have days to sign or months to plan, our task is the same: to convert every point of leverage into value, and to close on terms you can live with for years.

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The Problem

What is really at stake.

You have been offered a severance package and a deadline to sign. The document is long, the release is broad, and the pressure to accept quietly is deliberate. What looks like a generous parting gesture is often a fraction of what your position, tenure, and leverage can command.

If You Do Nothing
  • Signing away claims worth far more than the offer on the table.
  • Forfeiting unvested equity, bonuses, and deferred compensation you have already earned.
  • Accepting non-disparagement and non-compete terms that quietly constrain your next role.
  • Losing benefits continuation, outplacement, and reference terms that are entirely negotiable.
Our Approach

How we build the position.

01

Read the whole board

We review your employment agreement, equity documents, and the proposed release together — locating every point of leverage before we respond.

02

Establish the counter-position

We quantify what you are truly owed and build the case for it, so the conversation starts from your number, not theirs.

03

Negotiate quietly and decisively

Most exits resolve without a filing. We press for improved terms while protecting the discretion your reputation depends on.

We build the strongest possible position first — so that the great majority of matters resolve favorably, and quietly, without ever reaching a courtroom.

The Mercer & Beekman approach

Representative Outcomes

Results in this practice.

$14.2M

Severance settlement

Negotiated exit package for a departing CFO of a public technology company, including full equity acceleration.

+90 days

Extended vesting

Secured an additional vesting window for a senior VP, preserving options that would otherwise have lapsed on departure.

Release narrowed

Preserved claims

Struck a broad general release, keeping a bonus-dispute claim alive that later resolved separately in the client's favor.

Prior results do not guarantee a similar outcome. Matters described are illustrative and presented with client permission or in anonymized form.

Common Questions

Severance & Exit Negotiation, answered.

All questions

Almost always. Employers present severance as fixed to encourage quick signatures, but the terms — amount, vesting, benefits, references, and the scope of the release — are routinely negotiable, particularly at the executive level.

Deadlines are a negotiating tactic more often than a hard limit. We can frequently obtain an extension, and even where we cannot, a partner can assess your position quickly enough to advise before you sign.

A measured, professional counter rarely puts the underlying package at risk. Employers expect senior people to have counsel, and a well-framed negotiation protects the relationship while improving the terms.

Confidential Consultation

A conversation, in complete confidence.

Tell us, in a sentence or two, what you are facing. A partner will respond personally, typically within one business day. Everything you share is privileged.