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 Duke Energy. 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 Duke Energy.
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 Duke Energy worker receives.
Severance packages can include a mix of the following:
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Financial compensation
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Extension of health care and other benefits
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A portion of one's bonus
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Accelerated vesting of stock
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Outplacement assistance or career coaching
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‘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 Duke Energy, 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 Duke Energy.
How does the Duke Employees' Retirement Plan calculate benefits at normal retirement age, specifically for employees who reach the age of 65? In what circumstances might an employee consider retiring before reaching this age, and how would the benefits differ if they choose this option?
Benefit Calculation at Normal Retirement Age: Duke Employees' Retirement Plan calculates benefits for employees who retire at age 65 by applying a formula that includes 1.25% of their average final compensation for the first 20 years of credited service and 1.66% for any additional years. If an employee retires before 65, they can do so after age 45 with 15 years of service, but their benefits will be reduced based on how early they retire, resulting in lower payments due to a longer payout period.
What considerations should an employee keep in mind regarding their unused sick leave or carry-over bank hours when calculating benefits under the Duke Employees’ Retirement Plan? How does Duke utilize these factors to enhance an employee's credited service for the purpose of benefit calculation?
Impact of Unused Sick Leave and Carry-Over Bank Hours: Unused sick leave and carry-over bank hours are converted into additional credited service, which can enhance the calculation of retirement benefits. Employees who have accumulated these hours can see their credited service extended, leading to higher pension benefits at retirement.
In what situations would an employee's benefits under the Duke Employees' Retirement Plan be automatically paid in a lump sum? How does the Plan determine the value of benefits that fall below the threshold for monthly payouts, and what implications does this have for retirement planning?
Lump-Sum Payments for Small Benefits: If the value of an employee's benefit is $5,000 or less, Duke Employees' Retirement Plan automatically pays it as a lump sum. For benefits between $5,000 and $10,000, employees can choose between a lump-sum payment or a monthly pension. This can significantly impact retirement planning, especially for employees weighing whether to take a smaller upfront amount or spread it over time.
How does the Duke Employees' Retirement Plan handle benefit adjustments for employees who continue to work beyond their normal retirement age? What factors influence how these adjustments are calculated, and what implications might this have for future financial planning for employees nearing retirement?
Benefit Adjustments for Postponed Retirement: Employees who continue working beyond their normal retirement date will see their benefits increased annually (by no less than 10%) to account for the shorter period during which they will receive payments. The plan recalculates benefits based on the employee’s continued service and compensation after age 65.
What options are available to employees of Duke University regarding payment forms when they retire, and what are the long-term implications of choosing each option? How do these choices affect both the retiree's monthly income and survivor benefits for a spouse or other beneficiary?
Payment Form Options and Implications: At retirement, employees can choose various payment options such as a single life annuity, joint and survivor annuities, or a lump-sum payment. These choices affect the amount received monthly and any survivor benefits for a spouse or beneficiary. Employees should carefully consider their long-term financial needs and the needs of their beneficiaries when selecting a payment option.
What specific protections does the Duke Employees' Retirement Plan provide for spouses in the event of an employee's death, and how does this influence the choice of payment options? What steps must an employee take to ensure that their spouse's rights are upheld under the Plan?
Spousal Protections: The Plan provides protections for spouses in the event of an employee's death. A surviving spouse can receive 50% of the employee's reduced monthly benefit through a joint and survivor annuity. Employees must take steps to ensure spousal rights are protected by selecting the appropriate payment option and ensuring the necessary documentation is completed.
How can employees of Duke University ensure that they are informed about their rights under ERISA while participating in the Employees' Retirement Plan? What resources and tools does Duke provide to help employees understand and assert these rights?
Employee Rights Under ERISA: Duke provides resources for employees to understand their rights under ERISA, including access to plan documents and assistance in filing claims. Employees are encouraged to use Duke's available tools to assert their rights and ensure they are fully informed about the benefits available to them under the Plan.
In what ways can employees at Duke University navigate the complexities of reemployment after retirement, and how does their choice of retiree status affect their benefits? What regulations govern how benefits are recalculated if they choose to return to work at Duke?
Reemployment After Retirement: Employees who return to work at Duke after retiring can continue to receive their pension if they work fewer than 1,000 hours per year. However, if they exceed 1,000 hours, their payments will be paused and recalculated based on additional service and earnings when they retire again. This provides flexibility for employees considering reemployment after retirement.
What impact do legislative changes, such as those introduced by the IRS, have on the Duke Employees' Retirement Plan’s structure and benefits? How should employees approach understanding these changes in the context of their personal retirement strategies?
Impact of Legislative Changes: Changes introduced by the IRS or other regulatory bodies can impact the structure of the Duke Employees' Retirement Plan and its benefits. Employees should stay informed about these changes and how they affect personal retirement strategies, particularly regarding tax laws and pension calculations.
How can employees at Duke University contact the Retirement Board for questions or clarifications regarding their retirement benefits? What is the best approach for reaching out to ensure that they receive timely and accurate information?
Contacting the Retirement Board: Employees can contact Duke's Retirement Board for any questions or clarifications regarding their retirement benefits. The Retirement Board is responsible for managing the Plan, and employees are encouraged to reach out directly for timely and accurate information to address any concerns about their retirement.