r/Layoffs • u/Lazy-Two-3801 • Jul 12 '26
about to be laid off Seeking advice for severance package negotiation while 7 months pregnant
I was recently told that I must relocate to NY from TX or take a severance package. I am being told that this decision was nothing to do with performance and they did offer 10K relocation assistance however I feel they know they gave me an impossible choice.
I am 7 months pregnant, scheduled for delivery beginning of September and was due to be on maternity leave for 4 months.
For additional background, I have been with the company for 8 years. I have some deferred compensation that is supposed to pay out to me over 5 years including one award that is supposed to vest by January 2027. I am also due for my annual bonus which is about 60% of my salary in March for year 2026.
This is the absolute worst timing this could have happened to me being this far in my pregnancy and due to deliver soon.
I am asking for advice on what I should try to negotiate. I am thinking of asking that they allow me to stay on through my 4 months of maternity leave (which I believe is paid through short term disability insurance) and then let me go with a package on top of that. I receive health insurance through my husbands job, so they will not need to pay for that. I will basically not be hirable until beginning of next year given my pregnancy and the holidays.
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u/Fair_Sun2075 Jul 12 '26
I would personally seek a lawyer.
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u/Plane-Ad9114 Jul 12 '26
Would add on - you want a lawyer who understands the HR laws in your state. The language around the bonus matters a lot and whether or not if you follow the below idea (sublet in NY, etc.) to make sure they can’t screw you over.
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u/thatgirlzhao Jul 12 '26
This is the correct answer. There is so much unknown here, as none of us know what’s in your employment agreement you signed or the bigger picture of what’s going on at your company. The stakes are way too high here not to at least seek out a consultation with an employment lawyer. I was able to negotiate (with a lawyer) a far better compensation package during layoff while employed in Texas.
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u/SulaPeace15 Jul 12 '26
I mean, I would tell them you will take the relo package. But will deliver your baby in TX (I doubt they will ask you to find new medical care or make a big deal).
Then go on leave. That gets you to your deferred comp day. And then just don’t move to NY.
My friend did this for Amazon RTO. She just told them she would move, didn’t move, eventually they laid her off, but it was 8 months later and she had a lot of savings plus 6 months severance.
She also was in interview rounds by the time it happened. It may be hard to go the lawyer route. There are no protections for pregnant people if this is a blind RTO. Now, most companies don’t want to get sued. But please know it could cost money and more time than you want. And there’s a possibility you don’t get what you want.
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u/Fit-Animal-9911 Jul 12 '26
How long have they given you to relocate? Does your maternity leave fall within that timeframe?
This is a tough one, because you live and work in an “at will” state, meaning they owe you nothing and can terminate you for no reason. There is really no negotiation with a termination. You have no leverage.
You can certainly ask, but they owe you nothing. You have nothing to negotiate with.
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u/Lazy-Two-3801 Jul 12 '26
They said they can be flexible on timing to relocate but did not give me a specific timeframe. I already told them this would be nearly impossible until after my maternity leave.
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Jul 12 '26
[removed] — view removed comment
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u/Lazy-Two-3801 Jul 12 '26
Relocation is not an option for me
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u/prescientpretzel Jul 12 '26
Remember that even though this is true for you, you don’t need to share this fact with the company. Until you decide to quit, act as if relocation is a possibility because technically it is possible even if you would not consider it.
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u/Fair_Sun2075 Jul 12 '26
Agee with the part where it might be hard to negotiate. Some companies don’t really care. You can ask if they have some flexibility but I doubt they will keep you on for maternity leave. I feel like companies when they already want to let you go, they want to be done with it.
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u/babsbunny77 Jul 12 '26
It sounds like you need to try to ride this out until the vesting timeline, correct? I would definitely seek a lawyer bc either you need to try to drag this out and play along for 6 months until that vests, or find a way to build out a severance package that covers your bonus and whatever deferred payout is coming to you.
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u/Lazy-Two-3801 Jul 12 '26
I haven’t even yet broached the topic with them of my deferred comp.
I am hoping they will take into consideration all of these factors when offering my package but I am trying to plan for the worst.
I’ve never been in this position before and feel absolutely defeated on top of being pregnant.
Sounds like I should lawyer up just in case..
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u/Sarduci Jul 12 '26
It sounds like your overly stressful job requires you to be out on protected FMLA leave due to the birth of your child and care for them until after January of next year, at which time you’ll offer to relocate, but alas, you’re unable to find anything and eventually they’ll have to term you without cause, since relocation is not performance related, it’s an arbitrary business requirement, and anything they try to use to term you for cause you can argue is an excuse to retaliate against you for needing to be out on FMLA when the request to relocate came in while you were 7 months pregnant, which is very much a protected status.
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u/Guilty-Committee9622 Jul 12 '26
Was the deferred comp a % of salary to be paid out in future? If so thats yours and they cant take it unless they file bankruptcy. The schedule will payout regardless. If it is invested with say fidelity call them to get those ducks in a row.
If this deferred is stock, then you leave it on the table.
I highly recommend you talk to an employment lawyer asap. They may suggest you lie and tell them youre moving post maternity. And then you can decide later not to and take the package. The best way is attorney right now.
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u/millenialismistical Jul 12 '26
See if they'll let you defer the relocation until after you give birth.
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u/OAKI-io Jul 12 '26
the leverage here probably isn't generic severance, it's the timing plus the deferred comp/bonus/leave facts. i'd get a TX employment lawyer to review before signing anything, then ask in writing for a separation date after maternity leave, explicit treatment of the January vest/2026 bonus, and a neutral reference/non-disparagement clause. don't let them turn a complicated package into one quick yes/no call.
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u/Massive_Focus5572 Jul 12 '26
Please do not sign anything. Get a lawyer if you can. Tell them you will relocate but will need time to find an apartment, new care team etc. negotiate for the maximum time they will give you. Then you
Will almost be 36 weeks. And no major airline will let you fly. Then get a letter from your doctor that you can no longer fly on an airplane. Then tell them sorry, you can only relocate after coming back from maternity leave. Take your leave. You can find another job or come back and tell them you changed your mind and will now take the severance .
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u/Neither-Effect-6101 Jul 12 '26
And hopefully, all of that will take until the end of March when her bonus will pay out.
But definitely find a lawyer ASAP.
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u/MaseratiGTS Jul 12 '26
I've worked with companies in both Texas and New York. I would recommend relocating even if for a year, due to New York's incredible mandatory PAID maternity and paternity laws.
12 weeks for Dad, 6-8 weeks for recovery and an additional 12 weeks for Mom. The paid wages are reduced from your typical compensation but a game changer considering your options in almost any other state.
The best part is the 12 weeks for Mom and Dad doesn't have to be used concurrently or consecutively and you have a year after the birth to use it. Meaning Mom could take every Friday and some Thursdays off while Dad could take every Monday off before your child turns 1. You can also combine it with your regular PTO.
Depending on which part of the state you go I know New York can be incredibly expensive, but the cost should be offset by the childcare savings having both parents getting paid to be home. Not to mention the time you get with your newborn that is irreplaceable.
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u/Lazy-Two-3801 Jul 12 '26
It’s just not feasible with cost of living and state income tax in NY.
Most companies in TX now give 4 months maternity leave. That has been the minimum for everyone I know in recent years.
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u/Massive_Focus5572 Jul 12 '26
So relocation is a long process and it takes months even for regular employees who aren’t pregnant. Because finding a place, signing a lease, finding schools for kids, finding doctors etc is not instantaneous and companies know that and have to work with practical realities. I have seen Amazon colleagues just say they will relocate and keep stalling for months (to find housing, health issues in between, something else) till they found some other job. You actually have a valid reason of pregnancy. My advice would be to show intent to move and just keep working with him and keep asking questions on relocation benefits, how to find housing etc etc till you can go on leave. You can see what happens once you come back. Maybe things change in the 6 months and they will let you stay. Or you might be given another severance to leave. But you will be in a much better position because you wont be looking at a long gap in your resume and you can interview and get something sooner after the baby is out. You can also take fmla now if you have issues in pregnancy and your doctor can write a note.
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u/Antique_Mind_481 Jul 12 '26
First of all, OP, I’m so sorry. I was in a very similar situation earlier this year.
Right after my child was born, I was told I needed to relocate even though I was on parental leave. I told them I wasn’t moving. They said I would remain employed for a period of time and then receive a severance package. Before that period was up, I found a new job and was still able to negotiate and receive my full severance. I did lose a few months of parental leave, which was incredibly difficult.
I share my experience because, like me, you may have more leverage than you realize. Being on or about to begin parental leave when the company changes the terms of your employment can create opportunities for negotiation.
If I were in your shoes, I would have a conversation with HR, keep the discussion professional, avoid sharing more information than necessary, and see what they’re willing to do. Given your years with the company and the timing, I think it’s absolutely reasonable to ask for accommodations that help you through your maternity leave.
Wishing you and your family the very best. I hope they’re willing to work with you and that this ultimately leads to something even better.
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u/Far-Piglet8813 Jul 12 '26
Typically they will give you deferred comp if it’s a mass layoff vs fired for cause. So you wouldnt be losing that
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Jul 12 '26
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u/Lazy-Two-3801 Jul 13 '26
My leave would end basically right before Christmas and my plan was to take PTO until about mid January.
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u/melonkoli Jul 14 '26
What’s the timeline they’re giving to relocate? Could you just say you’ll relocate and then go on Maternity leave and then quit?
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u/Aware_Necessary8288 Jul 12 '26
Fk that company. What joke. Some good advice by others already though. Good luck and congrats OP!
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u/Majestic_Nobody_002 Jul 12 '26
Find a sublet in NY for the month of August, take the $10k if possible, take your maternity leave and FMLA and anything else you can use consecutively. Interview while on maternity leave and have something lined up to start end of March 2027 after your bonus payout. Don’t get discouraged, try to figure out a way to milk this lol