By the way, do you know if it is possible for the employee to refuse severance, and therefore retain the rights to litigate? What happens in that case? Of cour

By the way, do you know if it is possible for the employee to refuse severance, and therefore retain the rights to litigate? What happens in that case? Of course, it is possible. It's unlikely that he will. Most people want to move on with their careers, not sue an ex-employer. A properly calibrated severance is 1.5-2x the expected length of the job search. Since people on severance are generally able to represent themselves as employed during that time, the job search won't take terribly long.