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It is shown in movies and is probably true, such as in the movie Jobs about Steve Jobs, that when he came back to Apple as the CEO, he found out who was not productive or who were probably not inline with his operating style, and gave them a big envelope, with an offer to leave that they found hard to refuse.

But the thing is, we often hear, the boss could let a person go because they don't like the color of their hair (or dyed hair), and it is "employment at will". So the company can just tell you that you don't have to come back the next day. They may give the person some severance, but they don't have to, not to mention that they don't have to give the person a "big package" that they find hard to refuse.

So what is the reason companies give them a big package to leave?

Stefanie Gauss
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There are really about three tiers of employees for these purposes. Also, the reasons are a mix of legal and business considerations.

At the bottom, severance payments can be made in lieu of unemployment insurance claims being made by the laid off employees. Severance payments for workers at the very bottom are often modest.

At the top, "golden parachutes" are often written into the individually negotiated employment contracts of senior executives. Someone like a Steve Jobs will have negotiated a contract very favorable to him in the event of his termination with the board of directors when he is hired with attorneys on both sides heavily involved in its drafting.

In between, one of the reasons is to get a waiver of claims, for example, due to allegations of employment discrimination, harassment, and past work place related injuries that weren't properly processed through the worker's compensation system, and to reaffirm the existence of non-competition, non-solicitation, non-disclosure, non-disparagement, and assignment of intellectual property rights of the terminated employees.

Being able to "dot i's and cross t's" and definitively foreclose litigation from laid off employees also looks good to stockholders and prospective investors. If severance agreements cutting off liability and ruling out the possibility that sloppy paperwork could compromise the firm's intellectual property to be compromised by disgruntled former employees who no longer have a stake in the firm's well being were entered into, a larger layoff would often be followed by a stock price lag reflecting unknown contingent liabilities and intellectual property risks from former employees.

Closing off residual liability is particularly important in firms with stock or stock option compensation for a large group of employees and for firms with defined benefit pension plans.

But, it goes beyond that. There is also just a sense of moral obligation on the part of senior managers establishing the severance terms to good, loyal employees who are losing their jobs of often many years through no fault of their own. Most of those senior managers were once in the same position, worked with the employees who were laid off personally, and can related to their plight. In a publicly held firm, even for insider members of the board of directors, the shareholders are an impersonal abstraction, while the laid off employees are genuine people whom the executives implementing the plan know a sample of personally.

Of course, institutionally, this economy wide practice of big businesses also helps to fend off pressures from governments to impose bigger severance payment requirements as a matter of law. Substantial severance payments also discourage unionization by the employees who aren't laid off since it makes the employer look trustworthy despite not having its feet held to the fire by the law or a union.

Finally, it is a given that many of the laid off employees will land on their feet finding mid- to senior level jobs in the same industry or a related industry, or starting their own firms that may do business with the firm that laid them off, either as consultants providing institutional knowledge that was lost in the layoff to due carelessness, or as vendors or joint venture partners. A stingy severance package could sow ill will towards the former employer that could come back to bite that firm later, while a generous package will rarely leave significant ill will from the former employees who find new positions whom the firm will end up dealing with later on.

ohwilleke
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    The benefit of the goodwill described in your last paragraph should not be underestimated. A good severance system reduces the risk for an employee who wants to work there, and reputation for bad/no severance can make it difficult to attract good job candidates. – bta May 10 '23 at 15:56
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    Great rundown of the benefits of doing this. Could possibly add that giving generous severance packages to those employees being let go is also very good for morale/goodwill of those employees being retained (making them less likely to jump ship voluntarily / sabotage from within / "quiet quit" etc). – psmears May 10 '23 at 15:58
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    To summarize this answer - there is a very big difference in America between the senior management of a major tech company and the barista who makes his coffee at Starbucks in the morning - and a big part of that difference is how much job protection they have. And a big reason for that difference is how much protection they can afford to make for themselves, or even represent for themselves in court. – Zibbobz May 11 '23 at 13:11
  • Does severance 'at the bottom' even exist? I've personally never witnessed blue collar severance, only white collar following an industry standard of 2 weeks pay + 1 week per year employed. For voluntary separation, I've seen 2 weeks pay per year employed. – rtaft May 11 '23 at 14:42
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    The issue of goodwill applies to the remaining employees as well. If the employees who were not laid off feel that their former coworkers were not treated reasonably they may 1) decide to seek other employment lest the same thing happen to them in the future, or 2) stay but seek to find ways to improve their own "return on effort" wrt to their relationship with the employer (i.e., do less work or find ways to exploit more). Employees that are committed and motivated are far better than resentful ones. – RBarryYoung May 11 '23 at 15:05
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    @rtaft Yes. Severance at the bottom exists and is fairly common, e.g., in warehouse and factory and retail store layoffs. – ohwilleke May 11 '23 at 18:54
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    @rtaft: During a mass layoff, many employers opt to "comply" with the WARN act by giving employers severance pay in lieu of notice. This is technically illegal, but the law is not enforceable. – Brian May 12 '23 at 20:38
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A severance package may be legally required, depending on the state.

But the company can also make it conditional: You get this generous severance package if you sign an NDA, a non-disparagement agreement, and promise not to sue the company. In that case, the company gets legal security for not very much money. And the ex-employee gets money for not suing etc. which they may not have planned to do anyway.

In my case companies also paid for a lawyer of my choice to check the contracts. Which is cheap, it demonstrates they are not trying to rip me off, and I can’t claim later that I didn’t understand the contract.

In each case I could have refused to sign, but would have only received the legal minimum. If there is unfinished business about an accident where you think the company owes you half a million, you don’t sign. If you think they owe you $500 for travel expenses you sign. (Typical numbers $10,000 legally required plus $500 expenses vs $25,000 voluntary payment and you can’t sue).

Paying $25,000 and as a result everyone is happy may be a very good deal for the company.

gnasher729
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    Can confirm, when I was recently laid off I was given a severance agreement that was basically a generous severance package (money, and also a free 6 months with a career counselling agency) in exchange for me signing an NDA. It was not required that I sign it, but the offer made signing it the obvious choice. Now I'm (relatively) happy and so is the company. – Jason C May 10 '23 at 14:18
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    In what state is it legally required to give a 10k severance package? – George White May 10 '23 at 15:20
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    Often in England, Wales, Scotland and Northern Ireland :-) – gnasher729 May 10 '23 at 15:40
  • Would it be better if you Tag the answer with the jurisdiction? – Mindwin Remember Monica May 10 '23 at 17:08
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    Agree that it would be best to tag the answer with a jurisdiction, since the question title specifically asks about the U.S. and so "state" would be commonly interpreted as meaning one of the United States, rather than "sovereign country." – reirab May 10 '23 at 18:42
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    @reirab which England, Wales, Scotland and Northern Ireland are not, I would hasten to point out. – phoog May 10 '23 at 20:19
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    @phoog Agreed, but they're also not U.S. states. They do call themselves countries for historical reasons that make little sense in the context of the modern UK, though. – reirab May 10 '23 at 23:54
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    @reirab they are countries within the United Kingom of England, Scotland and Northern Ireland (Scotland certainly is, so is Ulster, they have their own parliaments and elections, Scotland even has its own currency which though tied to the British Pound is distinct). The Netherlands have a similar construct with the Netherlands Antilles (though even more complicated, as some of the islands are Dutch cities, some are independent countries within the Kingdom, and some are overseas territories administered from the Hague). – jwenting May 11 '23 at 06:37
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    @reirab Scotland, Northern Ireland and (England and Wales) are three separate legal systems and have had before they got parliaments in the 20th Century. – mmmmmm May 11 '23 at 09:27
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    @jwenting Scotland does not have its own currency; it uses the same pound sterling as the rest of the UK. What it does have is the right for some of its banks to print their own (pound sterling) banknotes; the same is also true in Northern Ireland. See: https://en.wikipedia.org/wiki/Banknotes_of_the_pound_sterling – Steve Melnikoff May 11 '23 at 09:39
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    @reirab just as US states call themselves states for historical reasons; a term that at the time denoted independent sovereign entities. And US states are still nominally "sovereign" in the US legal system even though the term that describes this nowadays is usually "autonomous." What all of this actually demonstrates is that one should not put too much weight on the use of this or that term; different systems use the same words differently and we just have to accept that words don't have a single immutable meaning that applies everywhere. The UK needed a word here and settled on "country." – phoog May 11 '23 at 15:16
  • @mmmmmm but having a separate legal system doesn't mean that any particular word must be used to denote these entities. England and Wales, for example, share a legal system but are different countries. I would use "jurisdiction" to denote the three territories in which the three legal systems operate. – phoog May 11 '23 at 15:20
  • "non-disparagement agreement"... in some television shows, they call it the "cover your mouth fees" and is seen as very negative (stigmas that don't want to be shown and still want to appear as splendid). But so in the formal corporate world, it does exist and is formally part of the legal system... quite a shock. True, some events are hard to judge, but when they pay out "cover your mouth fees", I feel usually they know they have done wrong – Stefanie Gauss May 11 '23 at 17:07
  • I was involved with Cisco Meraki, and they paid $70,000 for separation. I asked the lawyers what if I sue and win. The lawyers said I'd get about $70,000 from the court's verdict too. So in the way, they are paying to buy themselves off. To me, it is like there is a 10% or small chance I may not win the case and get $0, and that $70,000 from the company is taxable but $70,000 from the court verdict is not taxable – Stefanie Gauss May 11 '23 at 17:13
  • There are at most one or two states, if any, that require severance payments. The default rule in the absence of an agreement is that most people who are laid off are entitled to unemployment insurance from a third party. Severance payments are mostly in lieu of unemployment insurance obligations which is they were paid would drive up the employer's unemployment insurance premium going forward. – ohwilleke May 11 '23 at 20:20
  • @jwentig: perhaps "semi-autonomous region" or "autonomous region" would be a good/better way to describe both US states and countries in the UK. An semi-/autonomous region" is a region in a country, that is free to govern itself, subject to the laws of the country. US states and UK countries both qualify as semi-autonomous, because the laws of both countries allow their respective regions some amount of self-governance (US law even goes so far as to guarantee the states have the right to decide certain areas of public policy)

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    – moonman239 May 11 '23 at 22:51