Introduction
Layoffs are a recurring feature of the biotech and pharmaceutical industry cycle, tied to clinical trial failures, funding rounds that do not close, portfolio reprioritizations after a merger, or simple cost-cutting after a period of overhiring. If you work in regulatory affairs long enough, there is a real chance you will eventually be on the receiving end of a reduction in force, through no fault of your own performance. What happens in the days after that notice, specifically what you do with the severance package you are offered, has a real and often underused amount of room to negotiate.
This article walks through what is typically negotiable in a severance package, what is not, and how to approach the conversation without burning a bridge you may need later in a field where people move between companies and cross paths again.
Understand What You're Actually Being Offered First
Before negotiating anything, read the full severance agreement carefully, ideally with enough time to actually absorb it rather than skimming under pressure. In the United States, if you are over 40 and part of a group layoff, the Older Workers Benefit Protection Act generally entitles you to at least 21 days to consider the agreement and a period after signing (commonly seven days) during which you can revoke it. Even outside that specific protection, most companies expect you to take some time, and asking for it is a reasonable, low-risk first move that costs you nothing.
Pay attention to what the agreement actually covers: the severance payment amount and schedule, continuation of health coverage, treatment of unvested equity, the scope of any non-compete or non-solicitation clause, confidentiality and non-disparagement terms, and what the company has agreed to say, or not say, to future reference checks. Every one of these is a separate lever, not just the headline dollar figure.
What Is Usually Negotiable
- The severance payment amount or schedule. The initial offer is rarely the company's absolute ceiling, particularly at larger organizations with established severance formulas that have some built-in flexibility for tenure or level. Asking for an additional two to four weeks, especially if you can point to your tenure or a specific contribution, is a common and reasonable ask.
- Health insurance continuation. COBRA continues your existing coverage but at full cost to you, which is expensive. Asking the company to cover COBRA premiums for a defined period, often matching the severance period, is one of the more commonly granted requests because it has real value to you and a bounded cost to the company.
- The characterization of your departure. Ask specifically what the company will say if a prospective employer calls for a reference: confirmation of dates and title only, or something more substantive. Getting this in writing, even informally in an email exchange outside the formal agreement, protects you later.
- Outplacement support. Some companies offer career transition services automatically; if not offered, it is a reasonable ask, particularly if the standard package is otherwise thin.
- Equity treatment. If you hold unvested stock options or restricted stock units, ask specifically whether any acceleration is available, especially if you were close to a vesting date. This is not always grantable, but it costs nothing to ask, and some companies have discretion here even without a formal policy.
- Timing of the termination date itself. In some cases, extending your official termination date by a few weeks, rather than increasing severance pay directly, can preserve benefits eligibility or push you past a vesting milestone, which may be worth more to you than the equivalent cash.
What Is Rarely Negotiable
Non-compete and non-solicitation clauses are worth reading closely, but in practice, most companies are unwilling to remove them entirely, especially in regulatory affairs roles where you may have visibility into unfiled submissions or unannounced regulatory strategy. You can sometimes negotiate the scope or duration down, particularly if the clause as written is broader than what is enforceable in your state, but do not expect it to disappear. The confidentiality obligations around anything you learned about unapproved products, ongoing FDA interactions, or trade secrets are also essentially non-negotiable and should be, since violating them can create real legal exposure for you personally, separate from the severance agreement.
A Few Regulatory Affairs-Specific Considerations
A couple of things come up more often in regulatory affairs severance conversations than in some other functions. First, if you were the named contact or primary point of interaction for an active FDA or other health authority correspondence, ask how the transition of that relationship will be handled, and whether you may be asked to consult briefly during the handoff. Being offered a short paid consulting arrangement to support transition of an active submission is not unusual and can be a meaningful addition to a severance package if you are willing to do it.
Second, because the regulatory affairs community in most therapeutic areas is genuinely small, how you handle this conversation matters beyond the immediate financial outcome. The hiring manager at your next company may well be someone you worked opposite in a health authority meeting three years earlier. Negotiating firmly but professionally, and avoiding anything that reads as adversarial in writing, protects your reputation in a field where reputations travel.
How to Actually Have the Conversation
Put your requests in writing, even if the initial conversation was verbal, so there is a clear record. Be specific rather than vague: instead of asking the company to "reconsider the package," ask for a defined number of additional weeks of pay, or a defined period of COBRA coverage, and explain briefly why, referencing tenure, a specific contribution, or a hardship if relevant. HR and legal teams generally have more room to say yes to specific, bounded requests than to open-ended ones.
It is also reasonable to consult an employment attorney before signing, particularly if the package is complex, if you suspect the layoff may have been discriminatory, or if the non-compete language is unusually broad. Many employment attorneys offer a flat fee for a severance agreement review that is inexpensive relative to what it can uncover or improve, and simply mentioning that you are having the agreement reviewed can itself prompt a company to sharpen its offer.
Conclusion
A severance package is rarely take-it-or-leave-it in the way it is initially presented, even though the paperwork is designed to feel final. Reading the agreement closely, identifying which specific terms matter most to your situation, and asking for defined, reasonable changes gives you a real chance at a better outcome, whether that means more runway, continued health coverage, or a cleaner reference. None of this requires burning a bridge. In a field as interconnected as regulatory affairs, the goal is to leave with both the best terms you can reasonably get and a relationship with your former employer that you would not mind having again down the road.