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Navigating Your Severance Package After a Layoff from Conagra Brands: What You Need to Know

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Some of the biggest technology industry players have announced mass layoffs in recent months. 

In most cases, companies aren't legally required to pay workers or offer benefits once their employment ends. But they're often motivated to do so to shield themselves from liability and to help defuse any hard feelings by tiding workers over while they search for new opportunities.

Many feel that severance is a very formal version of 'Don't go away mad, just go away others feel it is a reward for being loyal

You just got laid off from Conagra Brands. What should you do next?

Many companies are considering how much they have to give you so that you go quietly because when a person is laid off, this has an adverse effect on them. They try to soften that blow a little,

While the amount of severance a laid-off worker gets varies widely depending on the industry, company and the employee's tenure, exit packages tend to have some standard components.

Let's take a look at what to expect from a severance package when being laid off from Conagra Brands.

What's in a severance package? 

The most variable part of a severance agreement is the amount and duration of extra pay and benefits a Conagra Brands worker receives. 

Severance packages can include a mix of the following:

  • Financial compensation

  • Extension of health care and other benefits

  • A portion of one's bonus

  • Accelerated vesting of stock

  • Outplacement assistance or career coaching

  • ‘We are seeing commonalities in things people are getting, but not the durations   We'll see the extension of benefits beyond the termination date, but as far as what those values are it depends on the company. There is no standard.'

If your job loss is part of a mass layoff, the company is required by federal law to provide at least 60 days notice under the  Worker Adjustment and Retraining Notification (WARN) Act . Employees are entitled to full pay during the notification period; but in most other cases based on federal and state law, companies don't have to pay severance at all.

They can give nothing.

How is severance calculated?

Severance packages such as a week's worth of pay per year of service while other companies may pay four weeks for every year of employment. That's the formula — it's the number of weeks you get per year, For example, a banking or financial services company can be expected to offer a couple of weeks of severance pay per year of service,

Don't count on a bonus

A bonus that's not part of a worker's base salary can also be very valuable but isn't always included in severance packages. In California, performance-based bonuses are treated like wages — workers are legally entitled to earned bonuses when they are terminated. Other states have fewer protections in place. 'With bonuses, generally speaking, unless you're almost done with your planned year, I don't see people always giving a pro-rated portion. You generally lose that in its entirety,

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There's room to negotiate, however, depending on how the bonus is earned. 'If the bonus is based on objective metrics that have been met, you can argue they it has been earned up to that point, and it may need to be paid off based on the wording of the bonus commission,

Accelerated vesting

For tech workers, compensation can be complex, their severance packages typically are too. From small tech startups to giants like Google, stock in a company can be more valuable to a worker than salary.

'A lot of tech workers are really working for equity, stock options or equity grants, and these things vest over time,  'This is how most people who work for tech companies really make money. Whether you work for Google or a smaller tech company, you want a piece of the pie.'

In the case of a layoff, companies won't automatically accelerate the vesting of stock, in which case it disappears. But some will, including some of the large tech companies cutting their headcounts recently.

What did Google workers get?

Ex-Google employees bemoaned the way they were notified of layoff. Here are the latest tech layoffs as the industry shudders. When  Google  announced earlier this month that it would dismiss 12,000 employees, CEO Sundar Pichai told U.S. workers they would be paid during the 60-day notification period required under the WARN act.

The company checked other boxes, too.

Workers get a minimum of 16 weeks' salary, plus two weeks for every additional year at Google, as well as accelerated stock vesting. The company said it would also pay out workers' bonuses and unused vacation days. It also said it is extending workers health care benefits and offering job placement services for six months.

Microsoft , which on January 18 said it would cut 10,000 jobs, said benefits-eligible U.S. employees would be notified 60 days before their termination ends and receive an unspecified amount of 'above-market' severance pay, as well as six months of health care benefits, career transition assistance and stock vesting.

Can you negotiate?

In some cases, it can't hurt to ask for a better exit package if you're unhappy with the offer, experts say. Keep in mind, though, that larger companies implementing mass layoffs are unlikely to make concessions on an individual basis.

Generally speaking, for a mass layoff at these huge tech companies, the exceptions are going to be few and far between because otherwise it opens the floodgates. Smaller companies are not setting such a huge precedent necessarily, so they might have more flexibility.

Larger companies are not likely to budge.

If your company decided to lay off 12,000 people, if they make a change for one guy, everyone is going to come clamoring but if it's just you getting laid off from Conagra Brands, it is often worth trying to negotiate a better exit package, especially for a long-tenured employee.

Leverage goodwill you've earned over the course of your time at Conagra Brands.

How does Conagra Brands, Inc. ensure that employees understand their retirement benefits, particularly the nuances of the Conagra Foods Inc. Pension Plan and the historical obligations from the Beatrice Retirement Income Plan (BRIP)? Are there specific communication strategies or resources provided to employees to navigate their eligibility and benefits?

Conagra Brands has not provided consistent documentation of the Beatrice Retirement Income Plan (BRIP), as evidenced by a lost BRIP Plan document, which has created confusion among former Beatrice employees. Conagra relies on internal committees like the Conagra Brands Employee Benefits Administrative Committee to oversee the administration of the Conagra Foods Inc. Pension Plan and the historical obligations from BRIP. However, there are allegations in the class action that Conagra has failed to communicate certain benefit entitlements, particularly the age at which unreduced benefits should commence​(Conagra_Brands_Inc_02-1…).

In light of regulatory compliance, what measures does Conagra Brands, Inc. take to maintain the integrity and security of pension plan documents, especially considering the historical loss of the BRIP Plan document? How do the missing documents impact employee knowledge of their benefits?

The loss of the BRIP Plan document represents a significant failure in document retention and regulatory compliance. Under ERISA, Conagra is required to maintain and distribute these documents upon request. The missing BRIP documents have caused discrepancies in the administration of retirement benefits, particularly regarding the age of eligibility for unreduced benefits. Conagra has been criticized for not informing employees that these documents were lost, leading to confusion and underpayment of benefits​(Conagra_Brands_Inc_02-1…).

What resources does Conagra Brands, Inc. offer to its employees who have questions about their pension benefits or discrepancies that may arise from the transition from the Beatrice Retirement Income Plan to the Conagra Foods Inc. Pension Plan? How can employees best utilize these resources?

Conagra directs employees to contact the Plan service center for inquiries related to their pension benefits. However, based on the complaints filed in court, there have been issues with transparency and the accessibility of important plan documents, including the BRIP. Employees have had to appeal their benefit decisions and deal with insufficient guidance on navigating the discrepancies between the old BRIP and the Conagra Plan. Resources like benefit calculators and service centers have sometimes provided inaccurate or incomplete information​(Conagra_Brands_Inc_02-1…).

How does Conagra Brands, Inc. handle the potential discrepancies regarding the pension benefits related to the age eligibility for receiving unreduced benefits in the context of both the Conagra Plan and the Beatrice plan? What steps have been taken to prevent similar issues in the future?

Conagra has been handling discrepancies poorly, particularly around the age at which participants in the BRIP are entitled to receive unreduced benefits. The company's adjustment of the eligibility age from 60 to 65 without properly consulting or notifying employees has led to underpayment of benefits. The ongoing class action lawsuit seeks to address these discrepancies and prevent future issues by clarifying benefit entitlements under the terms of both plans​(Conagra_Brands_Inc_02-1…).

Can you elaborate on the process that Conagra Brands, Inc. utilizes to communicate with employees about plan amendments and to clarify their rights under the Conagra Foods Inc. Pension Plan? What specific improvements have been made to this communication strategy in recent years?

The communication process regarding plan amendments at Conagra has been criticized as insufficient, particularly concerning the transition from the BRIP to the Conagra Plan. Employees have filed complaints about not receiving adequate notice of important changes, such as the shift in eligibility age for unreduced benefits. Conagra has failed to provide clear documentation, leading to confusion among employees. There is no evidence of significant improvements in recent years​(Conagra_Brands_Inc_02-1…).

How does Conagra Brands, Inc. ensure compliance with the Employee Retirement Income Security Act (ERISA), especially regarding the fiduciary duties of the Conagra Brands Employee Benefits Administrative Committee? What protocols are in place to guarantee that employees’ rights are consistently protected?

Conagra's compliance with ERISA has been challenged in court, with allegations of fiduciary breaches related to the loss of critical plan documents like the BRIP. The Conagra Brands Employee Benefits Administrative Committee is responsible for maintaining the integrity of the pension plan, but the loss of documents and failure to notify employees of their rights raise questions about the adequacy of these protocols. The lawsuit highlights a need for improved oversight and adherence to ERISA's fiduciary requirements​(Conagra_Brands_Inc_02-1…).

What options are currently available for former Beatrice employees and other participants in the Conagra Foods Inc. Pension Plan to claim benefits they believe they are entitled to? How does Conagra Brands, Inc. facilitate this process?

Former Beatrice employees can contact the Pension Service Center to inquire about their benefits and initiate claims. However, the process has been complicated by missing documentation and conflicting information about eligibility. Some employees have been forced to file legal claims to recover benefits owed to them, as in the case of the ongoing class action lawsuit. The lack of clear and accessible resources has made it difficult for employees to navigate the process effectively​(Conagra_Brands_Inc_02-1…).

In what ways does Conagra Brands, Inc. provide support or guidance for employees approaching retirement, particularly in understanding the timelines and responsibilities associated with electing benefits from the Conagra Foods Inc. Pension Plan?

Conagra provides online calculators and service center assistance for employees approaching retirement, but these tools have proven unreliable for some participants. Employees have reported being unable to calculate their benefits accurately or being told they were ineligible for benefits before age 65, despite the terms of the BRIP allowing benefits to begin at age 60. The class action complaint highlights deficiencies in the guidance provided to employees regarding their benefits​(Conagra_Brands_Inc_02-1…).

How can employees at Conagra Brands, Inc. contact the Employee Benefits Administrative Committee for inquiries related to their benefits? What are the most efficient avenues for addressing concerns about the Conagra Foods Inc. Pension Plan or the transitions from the Beatrice plan?

Employees can contact the Plan service center for inquiries related to their benefits, but accessing the Employee Benefits Administrative Committee directly appears to be more challenging. The lawsuit indicates that employees seeking to address discrepancies with their benefits have not received timely or effective communication from the committee, often requiring legal action to resolve their concerns​(Conagra_Brands_Inc_02-1…).

How does Conagra Brands, Inc. evaluate its pension plan's performance and benefits offerings in relation to industry standards? What methods are used to ensure the company remains competitive while protecting employee benefits under the Conagra Foods Inc. Pension Plan?

There is little publicly available information regarding how Conagra evaluates its pension plan's performance against industry standards. The company's handling of historical pension obligations, particularly from the Beatrice acquisition, suggests that its methods for protecting employee benefits have been insufficient. Ongoing litigation regarding underpayment of benefits and loss of critical documents indicates that the company may need to improve its evaluation methods and compliance efforts to remain competitive​(Conagra_Brands_Inc_02-1…).

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
Conagra Brands announced a restructuring plan aiming to streamline operations and reduce costs. This includes layoffs impacting various departments and potential changes to employee benefits.
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For more information you can reach the plan administrator for Conagra Brands at 222 W. Merchandise Mart Plaza Chicago, IL 60654; or by calling them at (312) 549-5000.

*Please see disclaimer for more information

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