Badge - Rated by Super Lawyers Victor A. Rotolo
Badge - Rated by Super Lawyers Anthony P. Kearns third
Badge - Million Dollar Advocates Forum
Badge - Multi Million Dollar Advocates Forums
Badge - New Jersey Supreme Court Certified Attorney
Badge - New Jersey's Best Lawyers For Families 2018
Badge - AV Preeminent Victor A. Rotolo 2024
Badge - Client Champion Gold 2024
Badge - Hunterdon County Chamber of Commerce
Badge - Top 100 The National Trial Lawyers
Please click Award & Selection Criteria & Methodology for information regarding the specific criteria used for selection of each of the above awards.

Severance Pay

New Jersey’s labor laws generally do not require employers to provide severance pay to terminated employees. However, employers that do provide these benefits must do so in accordance with their employment contract or stated policy.

There is one exception. Employers who employ more than 100 employees and have operated in this State for more than three years are required to provide adequate notice to their employees in the event of the termination or transfer of operations or mass layoffs. If the employer fails to provide the required notice, they are obligated to give their full-time employees severance payments equal to one week’s pay for each year of service. This is in addition to any severance negotiated under a collective bargaining agreement or other reason.

Because severance payments usually are not required, there are no standards regulating these benefits. Most companies that offer them, however, determine the amount of severance based on a formula which takes into account a variety of factors including the employee’s length of service.

Oftentimes the employee will have the choice of receiving severance in one lump sum or in a series of continuing salary payments. Which option the employee chooses can have an affect on his or her eligibility for unemployment insurance benefits. The form of severance chosen also can have significant tax consequences for the employee.

Because severance packages are not standard and they can have a significant impact on the employee’s tax situation and unemployment rights, it might be necessary to utilize the services of an experienced employment attorney. If you have been offered or feel you should be offered a severance package, contact Kearns Rotolo Law attorneys for advice. Protect your rights. Call Kearns Rotolo Law today.

What Our Clients are Saying

I was very proud to be represented by Tony and felt secure at a time I needed a compass to head out of a difficult bind. Confidence in your counsel and a sense of security in understanding how best to proceed are important reasons to consider Anthony Kearns and his team of outstanding lawyers.

- Lynn

Tony was excellent! He was knowledgeable, responsive and on-time. His experience as a County Prosecutor definitely helped our case as he knows how the legal system works and how to navigate. I highly recommend Tony and his office.

- Matt

Thankfully I found Kearns Rotolo Law and I had a wonderful experience working with Charles Rifici on a difficult divorce/child custody issue. I am so grateful for all the work and guidance he provided. He always took his time and diligently went through all my options with me so I could make the decisions that benefitted my family and I. I will be forever thankful for the top notch services he provided.

- Cinthya

In March of 2022 I contacted Kearns Rotolo Law Firm with an urgent problem, Mr. Kearns and Mr. Rotolo contacted me immediately to give me hope as to rectify my problem. The end result was Mr Kearns was able to solve my issue through extreme professionalism, I am very grateful I found Kearns Rotolo Law firm and I would recommend their law firm to anyone that has a less extreme problem or a more complex problem, I am very grateful for their services.

- Bill

I met with Mr. Kearns yesterday about a devastating situation affecting our family. Mr. Kearns and his entire staff made us feel extremely comfortable and showed our family a compassionate side that gave us comfort in the most uncomfortable of situations. Thank you very much. God Bless.

- Christian