Does My Employer Have to Give Me Severance? Not Under Federal Law.

BSF-0329 · Work & Jobs

Federal Law Does Not Require Employers to Pay Severance

The Fact

The U.S. Department of Labor states that there is no requirement in the Fair Labor Standards Act for severance pay. Severance is a matter of agreement between an employer and an employee.

What This Means

Unless your contract, a union agreement, or company policy promises it, an employer does not have to pay severance when you are let go.

Why It Matters

Many workers assume severance is guaranteed and plan around money that may never come.

Sources

U.S. Department of Labor. “Severance Pay.” https://www.dol.gov/general/topic/wages/severancepay

Evidence as of: 2026

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