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Severance Package Explained: The Layoff Payoff

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Guide to Unemployment

A severance package is compensation a company offers to employees who face layoffs. It can include money and other benefits, such a🐼s continuing insurance coverage🐈, job placement assistance, or a performance bonus.

A severance agreement, signed by the employee, outlineꦡs the financial 🐻terms on which the employee will leave the company.

Key Takeaways

  • A severance package can include payment, continuation of insurance coverage, and job placement assistance.
  • A severance agreement defines the financial terms for an employee when their employment is terminated.
  • Severance packages are not required by law, but employers tend to offer them as gestures of goodwill or to be competitive in their industries.
Severance Package Explained: The Layoff Payoff

Investopedia / Ellen Lindner

What's Included

Important

Federal and state laws in the U.S. do not mandate severance pay. According to the U.S. Department of Labor, "severance pay is a matter of agreement between an employer and an employee."

Prepare and Negotiate

Employees facing a layoff often have a termination meeting with a manager or company representative to discuss and sign the severance agreement and are allowed time to review the information. They should create a list of benefits they'd like to receive and, if necessary, negotiate. Employees may even research to fi♈nd out what former colleagues have received. Some negotiation strategies include:

  • Hire a Lawyer: Employees may consult an attorney if there is evidence of discrimination, if the language in the package is too complicated or broad, or if the agreement is extensive. The lawyer can validate state laws governing severance agreements and if there are specific stipulations regarding timing and payment amounts.
  • Negotiate Payment: Employees may talk to the local placement and recruitment agencies to determine how long it may take them to get a new job at the same level and salary. The right severance package can ease a laid-off worker's transition to a new job, relieve stress, and provide some financial cushion.
  • Negotiate Benefits: Employees can ask if the company can cover life insurance and 澳洲幸运5开奖号码历史查询:disability income insurance premiums if they were offered during employment after the layoff. Although employees will have access to COBRA, they can negotiate with the employer for covered health care premiums after the layoff.
  • Perks: Employees may be able to keep or buy used company equipment, such as a laptop. Have the employer acknowledge this in writing. Some other perks to consider negotiating include extending an employee's use of the company car or a company-sponsored health club membership.

Warning

When rumors of layoffs are circulating, employees may be tempted to quit. Quitting prevents employees from claiming 澳洲幸运5开奖号码历史查询:unemployment insurance and receiving a 澳洲幸运5开奖号码历史查询:severance package.

Retirement Plans After a Layoff

What happens to an employee's retirement plan or pension plan varies by employer. The outcome of a 401(k) depends on how much money the employee had in the account and if the employee was vested when the layoff occurred. A 澳洲幸运5开奖号码历史查询:vested balance is a combination of an employee's contributions plus the contributions of the employer that cannot be taken back when the employee leaves.

Employees can cash out their balances, leave the money in the account without further contributions, or 澳洲幸运5开奖号码历史查询:roll over the money into an 澳洲幸运5开奖号码历史查询:Individual Retirement Account (IRA) that the employee controls.

In a defined pension plan scenario, an employer may end the pension agreement and offer the employee an annuity from an insurance company or issue a lump-sum payment for the entire benefit.

What Laws Regulate Severance Packages?

Severance packages are usually calculated based on an employee's length of service with the company. Employers are not required by law to offer severance packages to laid-off workers.

What Happens When a Lay Off Includes Multiple Workers?

Employees facing a group reduction-in-force may or may not have more opportunities to negotiate the terms within the agreement. A standardized package may be offered in a mass layoff, and an employer is less likely to deviate from this contract. Still, numbers carry weight, and employees can band together to ask for 🐟a revision in terms.

Why Should Employees Negotiate a Severance Package?

Employees should attempt to 澳洲幸运5开奖号码历史查询:negotiate a severance package. This may help increase the severance pay, alleviate health care costs after the layoff, or extend the employee's termination date.

The Bottom Line

A severance package offers compensation and other benefits to laid-off employees. In🍰dividuals should research company policies to ma♚ximize their severance pay and benefits. An employment law attorney may be able to advise employees or help decipher lengthy paperwork.

Article Sources
Investopedia requires writers to use primary sources to support their work. These include white papers, government data, original reporting, and interviews with industry experts. We also reference original research from other reputable publishers where appropriate. You can learn more about the standards we follow in producing accurate, unbiased content in our editorial policy.
  1. Workforce.com. "."

  2. U.S. Department of Labor. "."

  3. U.S. Department of Labor. "."

  4. U.S. Department of Labor. "."

  5. Fidelity. ""

  6. Merrill Edge. "."

  7. Pension Benefit Guaranty Corporation. "."

Part of the Series
Guide to Unemployment

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