What to Expect
There is no federal law requiring severance pay, but most companies with 100+ employees offer it. The standard ranges from 1 week per year of service (common) to 3+ weeks (senior executives). Some companies offer a flat amount regardless of tenure โ typically 2-6 months of base pay.
Negotiation Strategies
Everything in a severance package is negotiable. Key areas include extending the severance period, continued health benefits (employer-paid COBRA), outplacement services, favorable reference letters, stock vesting acceleration, and removing or shortening non-compete clauses. Employees over 40 receive 21 days to review (per the OWBPA), giving time to negotiate.
Tax Implications
Severance is taxed as ordinary income. Receiving a lump sum can push you into a higher bracket for that year. Ask about spreading payments across two tax years, or negotiate for non-taxable benefits like extended health coverage or outplacement services to reduce the tax hit.