Employment attorney: 'Every firing is negotiable,' and when to delay severance to protect unemployment benefits

Stephen Mitchell, an employment attorney with 46 years of practice, told BronxNet viewers that almost every termination can be negotiated and outlined practical steps for employees facing layoffs.

"Every firing is negotiable," Mitchell said during an interview on Today's Verdict, describing his work representing terminated workers and executives. He said he seeks additional severance, continuation of medical benefits and favorable reference language when appropriate, and that companies commonly exchange a release of claims for improved exit packages.

Mitchell discussed a specific timing tactic under New York law: if an employer makes a severance payment within 30 days of termination, it can affect an employee's eligibility for unemployment benefits. "We have to make sure the severance comes to you no earlier than July 2 so that you can get unemployment," he said as an example, adding that weekly unemployment can be "almost up to $900 a week" in some cases.

Mitchell also advised employees to review offer letters and to watch for noncompete and nonsolicit clauses. He said employers sometimes attempt to claw back sign-on or relocation bonuses after a firing; his practice, he said, is frequently to resist such clawbacks in negotiations.

On evidence and enforcement, Mitchell noted that New York is a one-party-consent jurisdiction for recordings, so employees may lawfully record one-on-one conversations without notifying the other party. He said recorded exit interviews or transcribed conversations can be useful evidence when negotiating or litigating termination claims.

He emphasized discovery as a decisive stage in many disputes. "I once subpoenaed in discovery and got 3,000,000 emails," Mitchell said, describing cases in which document production prompted large settlements.

Mitchell closed with practical advice: read employment and severance documents carefully, know any noncompete terms, file for unemployment promptly, and seek negotiation rather than automatically accepting an initial offer. "Don't just accept what the company offers you. Go back in, negotiate, negotiate, negotiate," he said.

The segment aired as part of Today's Verdict on BronxNet and included a reminder from host David Lesch that viewers can contact the show with legal-topic suggestions.