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The severance agreement may have a confidentiality clause, but if the employee refuses to sign, the employee may go public with the contract. Often, employers offer severance packages even when they believe they can defend against future legal action.

The IRS classifies severance pay -- money paid to you when you separate from your employer -- as earned income. As further evidence, severance pay is included in Box 1 of Form W-2 -- the box that includes wage and salary income -- which you receive from your employer each January.

Unless you have an employment contract specifying what you will receive in severance, an employer can generally change its severance plan at any time. There's nothing to stop an employer from modifying the plan or getting rid of it altogether, as long as it provides advance notice to employees.

Step 1: Articulate Your Goals. Step 2: Identify Compensation. Step 3: Determine Specific Waivers, Releases of Claims, Acknowledgments and/or Contractual Assurances to Include in the Agreement. Step 4: Arrange to Secure Employer-owned Property. Step 5: Draft the Agreement.

Some common elements for a severance package are:Severance pay. Severance pay refers to the cash benefits the company offers after discharging an employee.Paid time off.Benefits.Stock options.Transition and outplacement services.Liability release.Nondisclosure agreement.References.Mar 17, 2021

The typical formula for a severance package is one or two weeks of pay for each year of service. It can be paid in one lump sum or over a period of time.Some may ask you to sign a waiver not to pursue legal action against them, in order to receive severance pay.

Elements of a severance package that might be up for negotiation:Amount of severance pay.How severance is paid (installments or lump sum)Coverage of healthcare plan costs.Exact date of termination.Vesting in a retirement plan or stock options.Outplacement or job-training services.