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How Does Severance Pay Work?

August 5, 2024

While job loss is a scenario nobody hopes for, understanding what happens next, particularly regarding severance pay, can provide a financial safety net during this transitional period.

In this article, we'll explore what severance packages might include beyond a paycheck, what to consider if you're ever offered one, and how Freeburg & Granieri can help.

What is Severance Pay?

Severance pay is a financial compensation package offered by an employer to an employee whose employment is terminated. Think of it as a bridge between your last paycheck and your next job. It's not a guaranteed right, but it's a common practice, especially in situations where the separation of employment is not due to the employee's job performance.

When Might You Receive Severance Pay?

Here are some typical scenarios where severance pay might be offered:

Company Restructuring (Layoffs)

When a company downsizes or undergoes significant restructuring, it might choose to offer severance packages to laid-off employees.

Plant Closures

If a company decides to close a location entirely, severance packages might be used to ease the financial burden on affected employees.

Job Elimination

If your specific role becomes redundant due to technological advancements or other changes, severance pay could be offered as compensation.

What Does a Severance Package Typically Include?

Severance Pay is typically a lump sum payment based on factors like salary and length of employment. However, a severance package can encompass various other elements beyond just a basic payout. Here's a breakdown of some common components:

  • Continuation of Benefits: This could include extending health insurance coverage for a set period, allowing you time to secure new coverage under a different plan or for the company to cover an employee’s COBRA insurance payments for a period of time.
  • Accrued Vacation Pay: You're entitled to receive any unused vacation days you've accumulated during your employment.
  • Outplacement Services: Some companies may offer career counseling or job search assistance to help you land your next position.

How is Severance Pay Calculated?

There's no one-size-fits-all formula for calculating severance pay. Different companies have their own policies, but some common factors considered include:

  • Your Salary: Higher salaries often translate to a larger severance payout.
  • Length of Service: The longer you've been with the company, the more significant your severance package might be.
  • Company Policy: Each organization establishes its own severance guidelines, sometimes outlined in employment contracts or employee handbooks.
  • Negotiation: Depending on the circumstances, you might have some room to negotiate the terms of your severance package.

Don't Leave Money on the Table: Negotiating Your Severance Package

While severance packages aren't mandatory, some negotiation might be possible depending on the circumstances. Here are some tips to consider:

Gather Information

Familiarize yourself with your company's severance policy and industry standards for similar positions and experience levels. Researching average severance payouts can provide a strong starting point for negotiations.

Understand Your Value

Reflect on your contributions to the company. Did you consistently exceed expectations? Did you spearhead important projects? Highlighting your value strengthens your case for a more generous severance package.

Seek Legal Counsel

Consulting with an employment lawyer like Freeburg & Granieri, who are experienced in severance negotiations, is crucial. They can review your situation, explain your legal rights, and guide you through the negotiation process.

Maintain a Professional Demeanor

Remember, even though your employment is ending, professionalism is key. Approach negotiations with a calm, respectful demeanor to increase your chances of a successful outcome.

Beyond the Paycheck: Emotional and Practical Considerations

Job loss, even with a severance package, can be emotionally challenging. Here are some additional factors to consider during this transition:

  • Emotional Well-Being: Losing a job can be stressful. Remember to consider the importance of self-care. Prioritize activities that promote your mental and emotional health.
  • Network, Network, Network: Utilize your professional network to explore new opportunities. Reach out to former colleagues, connect with industry professionals online, and leverage LinkedIn and other networking sites to broaden your reach.
  • Update Your Resume and Portfolio: Take this time to revamp your resume and portfolio, highlighting your skills and achievements. Tailor your resume for specific job openings to increase your chances of landing interviews.
  • Financial Planning: Review your budget and consider creating a financial plan to manage your expenses while you search for your next opportunity.

By understanding severance pay, its potential components, and the surrounding considerations, you can navigate this unexpected turn in your career path with greater confidence and financial security.

Severance Pay vs. Unemployment Benefits: Understanding the Differences

While both severance pay and unemployment benefits can provide financial support during a job transition, they have distinct characteristics.

Eligibility

Severance pay isn't guaranteed, but depending on your state's regulations and your reason for termination, you might qualify for unemployment benefits.

Duration

Severance packages typically offer a lump sum payment or a set timeframe of extended salary, while unemployment benefits are distributed in weekly installments for a specific period.

Impact on Job Search

Receiving severance pay doesn't usually affect your eligibility for unemployment benefits. However, depending on the amount of severance received, it might influence the start date or weekly amount of your unemployment benefits.

Freeburg and Granieri APC: Your Partner in Civil Litigation

At Freeburg & Granieri APC, we understand the importance of protecting your rights in the workplace. Our experienced attorneys specialize in employment, including cases involving severance agreements and employment discrimination.

When you choose our firm, you can trust that your case will be handled with the care and attention it deserves. We pride ourselves on providing personalized representation and fighting tirelessly for our clients' rights.

Contact Freeburg & Granieri APC today for a consultation.

Conclusion

a severance pay agreement on the table with a pen on it

Understanding severance pay can empower you during a challenging time. While it's not a guaranteed right, being informed about its potential role in your separation process can provide financial security and peace of mind.

If you have any questions or require legal guidance regarding severance agreements or employment law, seek advice from a qualified professional at Freeburg & Granieri.

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