Michigan Termination and Severance Pay Policy
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FAQ
Yes. Your unemployment benefits may be reduced in any week you get severance pay. Unless you and your employer agree otherwise, your employer can choose when to allocate the severance payment. It can be in one week or over more weeks.
The Michigan Employment Security Act states that severance pay is "remuneration." This means that the receipt of the funds must be used in determining whether the worker is an "unemployed person." If the worker is not "unemployed," insofar as the Unemployment Agency is concerned, the worker is not eligible for
Section 41(1) of the Basic Conditions of Employment Act, 1997 provides that a retrenched employee is entitled to severance pay at least equal to one week's remuneration for every year of completed service with the employer. This obligation to pay severance pay is tempered by the provisions of section 41(4).
Yes. Your unemployment benefits may be reduced in any week you get severance pay. Unless you and your employer agree otherwise, your employer can choose when to allocate the severance payment. It can be in one week or over more weeks.
Though sometimes used interchangeably, termination pay and severance pay are not the same thing. While all employees of three months or longer with a company are entitled to termination pay (in place of notice) upon dismissal, not everyone is entitled to severance pay.
Almost half of the states have similar laws; some go further to require that employers pay a small severance or continue employee health benefits for a short period after the layoff. However, Michigan is not among them: Michigan employees are protected by the federal WARN Act only.
For salaried employees:If your salary is $100,000 per year, that is $4,000 for two weeks (given the cap is 25 weeks). If you have been at the company for 10 years, your severance pay would be $40,000 ($4,000 X 10 years). Remember severance pay is not always given; it is dependent on the scenario with your employer.
As per Mich. Comp. Laws ?408.474, 408.475, when an employee is fired, the employer must give him or her a final paycheck no later than the next regularly scheduled pay date.
