Your job ends unexpectedly, and you’re left wondering: “What does my employer actually owe me?” Here’s the reality: severance after being fired is not automatic. Most employers in Maryland do not have to offer it under federal or state law.
Nevertheless, employees commonly receive severance packages. Why? Severance usually arises from specific obligations, such as an employment contract, a written company policy, or an employer’s desire to limit legal risk. In certain large layoffs, federal laws such as the WARN Act may require advance notice or pay in place of notice. In other cases, employers offer severance to protect themselves, not because they have to.
If you are trying to figure out how to get severance pay when fired, the answer comes down to leverage. What did your employer promise? What exposure do they have? What rights might you be giving up if you sign what they put in front of you?
Severance agreements often include waivers that affect your legal rights. Before you agree to anything, an employment attorney can review the offer, spot what is missing, and determine whether you can negotiate more.
Smithey Law Group LLC evaluates severance offers by identifying what an employer may be trying to resolve and whether the terms reflect your legal position. The firm focuses on analyzing leverage, reviewing agreements, and advising on negotiation strategy to help you make an informed decision.
When Are You Entitled to Severance After Being Fired?
Most employees in Maryland do not have an automatic right to severance. Instead, entitlement arises from a specific legal or contractual source, such as an agreement, policy, or law governing the termination.
Severance is required or expected when:
- You signed an employment contract that promises severance under certain conditions;
- Your employer maintains a written severance policy or plan that applies to your role;
- A collective bargaining agreement includes severance terms; or
- A large layoff triggers obligations under the federal WARN Act, which may require advance notice or pay in place of notice.
Each of these situations creates a different kind of obligation. Understanding which category applies can change how you approach the situation, including whether you rely on enforcement or negotiation.
A contract binds the employer directly. A policy may create enforceable expectations if the company applies it consistently. Federal law applies only under specific conditions, such as layoffs affecting a defined number of employees within a set time period.
How to Get Severance Pay When Fired?
If your employer did not offer severance, that does not end the conversation. Many employees still secure severance after being fired by asking informed questions and negotiating strategically. Employers often expect negotiation, even if they do not say so.
To understand how to get severance pay when fired, you need to recognize what your employer values most in that moment: certainty, speed, and reduced risk. That gives you leverage.
You can strengthen your position by:
- Asking directly whether the company offers severance and what factors influence that decision;
- Pointing to company policies, past practices, or similarly situated employees who received severance;
- Highlighting potential legal risks, such as discrimination, retaliation, or wage issues, without making emotional accusations;
- Requesting additional terms beyond salary, including extended health coverage, unused bonus payments, or a neutral reference; and
- Taking time to review any agreement rather than signing immediately under pressure.
In some cases, employers may also be willing to adjust timing, payment structure, or how the separation is characterized, depending on how the discussion is framed. Tone matters. Approach the conversation as a negotiation, not a confrontation. You are not asking for a favor. You are addressing a transition that carries legal and practical consequences for both sides.
Before you respond to any offer, it also helps to know where you stand. A well-timed review by an employment attorney can uncover risks your employer wants resolved and identify opportunities to improve the terms. That insight can turn a standard offer into a more meaningful exit.
What Should I Do Before Accepting Severance After Being Fired?
Most severance agreements require you to give something up in exchange for payment. In many cases, that includes waiving your right to bring claims under laws like the Age Discrimination in Employment Act, Title VII of the Civil Rights Act, or the Maryland Fair Employment Practices Act. Once you sign, you usually cannot go back.
To protect your position, review the agreement carefully and focus on:
- Identifying which legal claims your employer is asking you to waive and whether you fully understand them;
- Confirming that all earned wages, bonuses, and unused leave are accounted for separately from severance;
- Reviewing non-compete, non-solicitation, and confidentiality provisions that could affect your next job;
- Checking deadlines, including how long you have to consider the agreement and whether you can revoke it after signing; and
- Evaluating whether the amount offered reflects the value of what you are giving up.
Each of these terms carries weight. Missing one detail can affect your ability to move forward or protect your interests later.
Need Help Securing Severance? Contact Smithey Law Group LLC
Severance agreements often move quickly. Employers may set short deadlines or create pressure to sign. But you do not have to rush. Taking time to understand the agreement and what you can negotiate can make a meaningful difference in the outcome.
At Smithey Law Group LLC, our attorneys focus exclusively on employment law. That focus allows us to evaluate your termination, identify the legal risks your employer may face, and determine whether you have leverage to pursue severance after being fired, even if your employer did not offer it. We also review severance agreements line by line, flag provisions that affect your future, and negotiate terms that better reflect your position.
If you have been offered severance or were terminated without it, an attorney can help you understand your position before you sign or walk away. Contact Smithey Law Group LLC and make your next move with intention.
Official Legal and Other Sources Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other sources during the content development process:
- Worker Adjustment and Retraining Notification (WARN) Act, 29 U.S.C. § 2101 et seq.
- Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq.
- Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
- Maryland Fair Employment Practices Act.
- Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq.
- Equal Employment Opportunity Commission, Q&A-Understanding Waivers of Discrimination Claims in Employee Severance Agreements.
