Severance Package Laws

In reality, there are no "severance package laws" per se to govern how a particular company might issue severance packages to departing employees. However, there are particular laws and statutes that serve as guidelines for issuing them. For instance, while the federal Fair Labor Standards Act regards severance as a private matter between employer and employee, it does stipulate that if a company has a practice of issuing severance packages, it may always be obligated to provide them. However, "at will" employees have less claim to severance packages than do those under written contract. The contents of the severance package will vary from company to company, although most use a formula that takes into account seniority and position within the particular business. Also, if an employee's contract stipulates that he will receive severance pay upon termination but does not receive it, the federal Employee Benefits Security Administration can help to collect it.

Fast Facts

  • Severance packages may include cash, stock options, bonus payments, and/or forgiveness of loans.
  • If employees are not satisfied with severance packages, they are advised to seek legal counsel.

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