Requirement for Severance Pay
Generally, companies aren’t required to give employees severance pay when they get fired or laid off. However, many companies choose to do so in order to provide a safety net for outgoing workers and foster positive employer-employee relationships. It’s also a way for companies to help defuse any hard feelings among displaced staffers, which can lead to resentment. Some states also have laws requiring companies to offer severance packages in certain situations, such as when a company is shutting down and laying off large numbers of employees.
The definition of severance pay varies from state to state, but it usually includes a lump sum payment and other benefits. A company may also choose to compensate outgoing workers for unused vacation and sick days that have accrued. Typically, the severance package amount is calculated based on an employee’s years of service at the company. For example, a person who has worked for the company for four years will likely receive two weeks of pay for each year of employment, while some companies use more complicated formulas to calculate the overall severance package.
Severance packages are typically taxed in the same manner as regular paychecks, with federal, state and Social Security taxes withheld just like on any other wage or salary. Some employers, especially those with high-dollar severance packages, may choose to break up the payment into multiple installments to reduce their tax burden over time.
What States Require Severance Pay?
In addition to define severance pay, outgoing employees are often required to sign a severance agreement that contains a release of claims. This may include claims based on the company’s termination decision, such as discrimination and harassment. In some cases, the severance agreement may include language that limits an employee’s ability to file for unemployment insurance or other compensation.
The severance agreements signed by displaced workers may contain other provisions, such as an agreement not to sue the company or its former employees. In some instances, a severance agreement will include an arbitration clause that requires the parties to resolve any disputes through binding arbitration rather than going to court. In addition, the severance agreement might require that outgoing employees agree to not disparage the company or its brand in any way.
Some severance agreements also include confidentiality provisions, which limit an outgoing employee’s right to disclose or share confidential information with others. This protects the company from lawsuits by incoming or current employees, as well as protects the outgoing employee from being sued for defamation or other tortious acts.
The severance agreement will likely also have a non-competition clause, which prohibits the outgoing employee from working for competing businesses in the same industry for a specified period of time after leaving the company. This prevents the former employee from stealing trade secrets or other proprietary information that could be used against the company. This is an important consideration to review carefully before signing a severance agreement. If you are uncertain about any severance terms, consult an attorney.
