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Legal

How Does Severance Pay Work?

During these uncertain times, you or someone you know might lose their job because of a company’s reorganization or layoffs. Your way of life will change a lot because of the sudden loss.

Even though it’s not required by law, some employers in the United States give severance pay to help employees deal with the sudden loss of income. It’s also important to note that the money is given as a sign of goodwill or to keep a good relationship with the former employee.

This article will explain how severance pay works, including how it is calculated and other important details. Continue reading to find out!

What is Severance Pay?

Severance pay is a payment that an employer provides to an employee when they must dismiss them. It is paid in the form of a lump sum, and its amount will vary depending on the company and the individual’s length of service.

Depending on the business, an employee might get a severance payment when:

  • Set off
  • Owing to a downsizing, terminated
  • Retired
  • Fired
  • Resigned

When there is a good working connection between the employee and the employer, the severance payment may also be extensive enough to cover the person’s expenses before they find new employment.

Why Is Severance Pay Offered?

The purpose of severance pay is to guarantee there is no animosity toward the company and to prevent any legal action just like how the constructive dismissal in British Columbia is handled. They provide the employee with some financial support when they must leave their job.

While not all employers provide it, those that do often include it in the employee’s employment contract. It is usually paid after the employee leaves the organization and can be available regardless of whether the employee resigned or was terminated.

Eligibility and Terms 

Whether a worker is eligible for severance pay depends on the company’s policy or a contract, such as one with a union. Most employers are not required by law to offer it, but they do so to show goodwill and help employees who have lost their jobs financially.

It has different rules and can even give you benefits that aren’t cash. Employees may be eligible for severance pay if they are laid off, fired for cause, quit under certain conditions, or if their job is eliminated or changed in some way.

Calculating the Severance Pay Amount

Calculating severance pay amounts can be a complex process. Generally, it is calculated according to the number of years of service with a particular employer and may be expressed as a lump-sum payment. Standard severance pay is typically equal to one or two weeks of pay for each year of service.

An employer may also provide additional amounts if the employee is being let go due to a company-wide layoff, or if they have a contract that specifies severance compensation.

An employee may also be awarded a higher amount of it if they are released due to discrimination or other wrongful termination.

In any case, it is important to be familiar with the severance pay offered by an employer before agreeing to their terms of employment.

When Can You Expect to Receive Severance Pay?

Severance pay is considered a form of final wages in the eyes of the law, and paying severance is optional on the part of employers. When an employee is given severance, they can expect their employer to provide them with an explanation of the package in the form of a severance agreement.

Generally, this agreement outlines the amount of severance they are to receive, how the payment will be made, and when they can expect it. In most cases, employers are expected to make the payment soon after the employee’s termination.

Typically, employers must make the payment within 30 days of the employee’s last day of employment, depending on the agreement and state and federal laws.

Other Benefits Included With Severance Pay

Severance pay is not always required, but employers may offer it as part of a package of benefits and compensation, such as health insurance continuation or stock options.

Other benefits included in severance pay are:

  • Added compensation based on the number of months or years worked
  • Payment for unused, accumulated vacation, sick, and/or holiday pay days
  • Outplacement services
  • Extended health care and/or dental insurance coverage 
  • Payment of educational or training opportunities
  • Stock options and retirement accounts

Depending on the employer, the employee, and the circumstances surrounding the termination, an employee may receive a basic severance pay and unemployment package or additional benefits.

Is Severance Pay Taxable?

When an employer does offer severance pay, it is a taxable form of income to the employee and is subject to federal, state, and sometimes local taxes. To ensure that the proper taxes are taken out of the payment, employers typically use Form W-2 and the employee must file the relevant forms with their taxes.

It may also be referred to as a termination package or a severance agreement, and the employee will be taxed at the same rate they are taxed on their normal wages.

Employers are not mandated to provide severance pay to employees, however, many do and it is up to them to ensure the proper taxes are all taken out.

Ensure You Get a Fair Settlement With Severance Pay

Overall, severance pay can be a valuable resource during transition periods; how it works, depends on the employer. To gain a better understanding of your severance pay specific to your employment, reach out to your HR or payroll department for help.

With this understanding, you can know what to expect during times of transition.

If you want to discover more tips on managing your money and leading a healthier lifestyle, feel free to browse our other blogs.

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