Home Blog Severance Pay: Who Gets It And How Much?

Jump to Section

Quick Facts — Severance Agreement Lawyers

What Is Severance Pay?

Severance pay is compensation that an employer offers to an employee discharged from employment in the form of a severance package. The terms and conditions of severance pay typically accompany an involuntary layoff of the employee for various reasons.

Regardless of the reason, severance pay is generally offered during a termination meeting between you and your manager or the human resources department. Your employer may also require you to sign a severance agreement to receive compensation. Speak with employment lawyers if you are asked to sign one since it is an employment contract that carries specific legal implications.

How Does Severance Pay Work?

Employers typically offer severance payments to employees under specific situations and circumstances, typically open the employee involuntarily resigning or being laid off. Most employers have policies in employee handbooks that describe their particular methodology of handling severance pay.

Here is how severance pay works in most organizations:

  • The employer informs the employee of an upcoming layoff
  • The employer sets a meeting with the employee to establish the steps
  • The employer offers severance pay that is conditional upon signing a severance agreement
  • The employee accepts the severance package or renegotiates it
  • The employee and employer sign the severance agreement upon reaching an agreement

Upon signing and dating the severance agreement, employees will get a severance package that comes in the form of a single lump-sum payment or recurring payments over a specific period. Severance pay can also entail a continuation of benefits as a condition of the release.

Who Is Entitled to Severance Pay?

Few laws outline who is entitled to severance pay. The Worker Adjustment and Retraining Notification (WARN) Act provides severance pay if the employer has more than 100 employees, plans to lay off many staff members, and fails to give more than sixty (60) days’ notice before the layoffs.

Aside from the WARN Act, there are no stipulations regarding severance packages. Instead, the law focuses on severance agreements. Depending upon the types of employment contracts in place, there may or may not be a provision for severance pay. Work with an attorney to help you review the law as it applies to your specific situation.

Amount of Severance Pay

Severance pay can come in numerous forms depending on the employer’s policies and any severance agreement, including a lump sum payment and periodic payments. There are no mandates that describe how much severance pay must be offered since it is a benefit of employment contracts that only specific companies provide.

Calculating Severance Pay

Typically, the amount of severance pay you receive is based on a calculation of your wages and the amount of time you have worked for your employer. A company can offer two weeks’ pay for every year of company service. While this is the most common standard of severance pay, it is critical to remember no set amount.

Average Severance Pay

Every severance agreement is unique to the employment contract during at-will employment. How much you can anticipate receiving or paying depends upon company severance policies. If there is no severance policy or agreement in place, you may have the chance to negotiate with a licensed attorney in your state, such as California employment lawyers for contracts governed in California.

Contractscounsel Happy Employee

Image via Pexels by Anna Shvets

Benefits of Severance Pay

While severance pay is generally a courtesy for employees, companies will also find several goodwill benefits of severance. Offering compensation upon involuntary layoffs displaces undue financial hardship for workers with the chance of them returning to your organization on a positive note if business returns as usual.

Protection from Potential Lawsuits

Severance pay is a way for employers to also protect against potential litigation and lawsuits. Since employees can sue an organization, it is generally a strategic approach to ensuring that severance pay is offered to prevent this possibility. Employers can further strengthen their positions by asking employees to sign a severance agreement and release all claims.

Flexible Terms and Conditions

Employers can offer severance pay as a lump sum or over several payments to the employee. These terms and conditions allow employers to offer to pay for former employees flexibly. You can also improve the package being offered by including benefits and unused vacation time pay.

Keeping Professional Relationships Intact

Not only does severance pay help employees bridge the gap, but it also helps retain professional relationships. Things can change quickly and at a moment’s notice, which means that an employer could end up calling laid-off employees back to work. By offering a generous severance package, they may be able to recuperate trained talent when business resumes as usual.

Can You Negotiate Severance Pay?

You can negotiate severance pay, even if the employer already has policies in place. However, the more specific the severance agreement is, the more challenging it is to negotiate since the employee agreed to the terms and conditions when signing. If the company does not have a written policy, it is all the more possible to renegotiate the amount of money and benefits you receive.

Consider the following steps when you negotiate severance pay:

  • Preserve evidence, including pay stubs, taxes, and employee awards that speak to the length of your employment and amount of money you made
  • Review the severance agreement with employment lawyers to help you understand if renegotiation or negotiation is possible
  • Point out areas in your employment contracts where an increase of benefits can be requested, including pay for unused personal time off (PTO)
  • Ask your human resources representative or department manager if they can increase the package
  • If you have a noncompete agreement in place, use it as leverage to the get the amount of compensation increased
  • For companies that are unwilling to provide more money, ask if you can receive a benefits extension, such as healthcare insurance
  • If the employer denies your request, accept their response unless you believe that your rights and freedoms have been violated
  • If you do negotiate a higher severance package, ensure that you get the new agreement in writing as soon as reasonably possible

Severance laws and pay vary from state-to-state. Look out for your legal rights and obligations, whether you are an employer or an employee. Always get clarification from employment lawyers when it comes to severance pay, packages, and agreements.

Is Severance Pay Taxable?

Severance pay is legally taxable income. Generally, both companies and workers alike pay a specific percentage on social security and Medicare taxes on employee salaries. These types of taxes are levied under the Federal Insurance Contributions Act (FICA). As such, planning for severance pay taxes is essential for financial management.

However, severance packages are made after you have ceased working for the company. As such, some workers believe that the law does not require them to pay FICA when, in fact, it does.

When employees understand that severance pay is a taxable instrument, they can better plan when receiving payments. In numerous situations, employees might negotiate a severance package that includes the value of the tax bill, thereby effectively increasing the amount of money received.

The complexities surrounding severance pay leave employees and employers alike with questions about their specific situations. If you are an employer or employee that needs help with severance pay and severance agreements, post your project to ContractsCounsel and start receiving proposals as soon as today.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Severance Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,028 reviews

Meet some of our Lawyers

Vicki P. on ContractsCounsel
View Vicki
5.0 (4)
Member Since:
June 30, 2023

Vicki P.

Attorney
Free Consultation
Danville, Pennsylvania
27 Yrs Experience
Licensed in PA, WI
Regent University School of Law

Vicki graduated from Regent University School of Law in Virginia Beach, Virginia in 1996. She is a licensed attorney. She has been admitted to Wisconsin since 1998 and Pennsylvania since 1999.

Recent  ContractsCounsel Client  Review:
5.0

"Perfect review of my loan agreement. Provided great info so I could make an informed decision."

Alexander M. on ContractsCounsel
View Alexander
5.0 (2)
Member Since:
July 23, 2025

Alexander M.

Lead Attorney
Free Consultation
Tampa, Florida
3 Yrs Experience
Licensed in FL, OR
Mitchell Hamline School of Law

Broad area practice including Business (domestic & international), IP, Employment, Family Law, Administrative, etc. My focus is a direct, no-BS approach with fast turn around times on completed work.

Recent  ContractsCounsel Client  Review:
5.0

"Alexander delivered fast, thorough, and practical legal guidance. He identified 22 issues with my MSA, provided a clear MSO/PC structure opinion, and mapped out insurance requirements for both entities — all within 24 hours. Highly recommend for any healthcare startup needing Florida specific legal expertise."

Kenneth G. on ContractsCounsel
View Kenneth
4.9 (11)
Member Since:
November 25, 2023

Kenneth G.

Partner
Free Consultation
Washington, DC
19 Yrs Experience
Licensed in DC, PA
Georgetown University

Kenneth E. Gray, Jr. is a business and tax attorney who advises entrepreneurs, investors, and closely held companies on transactions, tax planning, disputes, and long-term wealth structuring. He focuses on helping clients make legally sound decisions that also make business sense. Ken’s practice includes business formation and restructuring, mergers and acquisitions, private investments and fundraising transactions, contract drafting and negotiation, and cross-border matters. He also maintains a significant tax practice, advising on federal and state structuring, specialty filings (including partnership, corporate, and non-resident matters), and representing clients in disputes before the U.S. Tax Court and other federal and state tribunals. In addition to his transactional work, Ken handles commercial and business litigation, including tax controversies, financial disputes, and partnership matters. His litigation experience informs how he structures deals and governance documents, with an eye toward preventing disputes before they arise. Ken also advises individuals and families on estate planning, trust formation, tax-efficient wealth transfer strategies, and probate administration, including planning involving closely held businesses and foreign assets. Before practicing law, Ken worked in banking and private equity, including managing a $5 billion emerging markets fund-of-funds portfolio at the U.S. Overseas Private Investment Corporation (OPIC) and serving in equity research at ABN AMRO. That financial background allows him to understand transactions from both the legal and capital perspective. He holds a J.D. from Georgetown University Law Center and an MBA from Yale University. He practices before the U.S. Tax Court, various state courts, and other federal courts.

Recent  ContractsCounsel Client  Review:
5.0

"It is not easy to find a lawyer that knows Offshore Asset Protection Trusts, which own a foreign LLC, which owns a USA LLC. Fines could reach $100K if the tax forms are incorrect, or not filed. He was able to review my draft returns and provide memos with required changes (many, many changes), after 1 follow-up everything was basically done other than a few tiny edits. I really appreciated how he worked me in, right in the busiest time of tax season, to ensure there were no errors. Would definitely hire again."

Steven W. on ContractsCounsel
View Steven
4.9 (22)
Member Since:
June 2, 2023

Steven W.

Attorney
Free Consultation
Texas, North Carolina, & NY
5 Yrs Experience
Licensed in NC, NY, TX
North Carolina Central University

Attorney Steven Wax is ardent about helping his clients. Whether creating personalized estate plans, drafting and negotiating contracts or other legal matters. Steven’s goal is to assist and counsel his clients to protect them and their loved ones. Steven grew up on Long Island, New York. He attended the University of Massachusetts in Amherst earning a BS in Sport Management. He earned his paralegal certificate at Duke University and earned his Juris Doctorate from North Carolina Central University School of Law in Durham, NC. Steven has an extensive legal career in the life science sector, working for some of the world’s largest Contract Research Organizations since 2013. Steven has negotiated a broad range of contracts for both businesses and individuals. Steven participated in the NCCU Elder Law Project, where he prepared wills, durable powers of attorney, living wills, and health care powers of attorneys for low/fixed income clients in Durham and surrounding counties. Steven finds meaningful ways to share his skills and passion with his community. Steven volunteers his time to Wills for Heroes, which provides no-cost estate planning documents to first responders and their families, through the NC Bar Foundation.

Recent  ContractsCounsel Client  Review:
5.0

"Steven helped me review a pre-nup and was responsive and professional throughout the process. I highly recommend him for anyone considering his services. Thank you!"

Garrett M. on ContractsCounsel
View Garrett
5.0 (12)
Member Since:
August 30, 2021

Garrett M.

Attorney
Free Consultation
Dexter, MO
10 Yrs Experience
Licensed in MO, TX
University of Texas

I am a solo practitioner with a practice mostly consisting of serving as counsel to start-ups and small business owners and investors. With a practical business background, I aim to bring practical, business minded solutions to my client's legal problems and pride myself on efficient yet effective work.

Recent  ContractsCounsel Client  Review:
5.0

"Garrett was extremely professional, attentive, and adhered to the very tight deadlines we had set. I would like to highlight that, in addition to completing the task assigned to him, he took the initiative to research all parties involved in the contract to provide us with the best possible support. We are very satisfied and look forward to working with him again."

Mark F. on ContractsCounsel
View Mark
4.9 (3)
Member Since:
September 2, 2022

Mark F.

Attorney
Free Consultation
Silicon Valley, CA
45 Yrs Experience
Licensed in CA
University of California Hastings College of Law

International-savvy technology lawyer with 35years+ in Silicon Valley, Tokyo, Research Triangle, Silicon Forest. Outside & inside general counsel, legal infrastructure development, product exports, and domestic & international contracts for clients across North America, Europe, and Asia. Work with Founders to establish startup and continuous revenue, sourcing and partnering with investors to attract funding, define success strategy and direct high-performing teams, advising stakeholders and Boards of Directors to steer company growth.

Recent  ContractsCounsel Client  Review:
5.0

"Mark has guided us through a complex acquisition involving shareholders with different interests, IP and litigation questions and management issues with great expertise and patience. We could not have done this without his help."

David A. on ContractsCounsel
View David
Member Since:
August 30, 2022

David A.

Attorney
Free Consultation
Chicago, Illinois
21 Yrs Experience
Licensed in IL
Chicago Kent College of Law

David Alexander advises clients on complex real estate transactions, including the acquisition, disposition, construction, financing and leasing of shopping centers, office buildings and industrial buildings throughout the U.S. An experienced real estate attorney, David reviews, drafts and negotiates all manner of retail, office and industrial real estate agreements, including purchase and sale agreements, construction contracts, leases and financing documentation.

Find the best lawyer for your project

Browse Lawyers Now

See Real Severance Agreement Projects

Tennessee Review repurchase agreement of former employer's stock Review
  • Tennessee
  • 3 lawyer bids
  • $600 - $1,000
View Details
Hawaii Employee Severance Agreement Drafting
  • Hawaii
  • 3 lawyer bids
  • $800 - $1,500
View Details
Massachusetts Severance Agreement Review Review
  • Massachusetts
  • 3 lawyer bids
  • $350 - $465
View Details
North Carolina Severance Agreement Review Review
  • North Carolina
  • 2 lawyer bids
  • $249 - $400
View Details
Illinois Review a severance agreement that needs to be signed by 7/28/23 Review
  • Illinois
  • 7 lawyer bids
  • $400 - $600
View Details
Illinois Review Severance Agreement and make recommendations for changes Review
  • Illinois
  • 6 lawyer bids
  • $350 - $1,000
View Details

See all Severance Agreement projects

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Severance Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,028 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Employment Lawyers
SEVERANCE PAY LAWYERS BY CITY
See All Severance Pay Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a Severance Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 22,028 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city