New Jersey is unique in the US — its amended WARN Act requires mandatory severance pay of one week per year of service for mass layoffs.
Statutory Severance
1 week/year of service (mass layoffs)
NJ WARN Threshold
100+ employees, 90 days notice
Key Law
NJ WARN Act (2023), NJ Law Against Discrimination
Negotiability
Strong — mandatory floor plus negotiation
Model your entitlement using jurisdiction-specific rules and Bardal factor analysis.
Important: These estimates reflect typical negotiated settlement ranges — but your actual entitlement depends heavily on your employment contract terms and applicable state law. Not sure if your contract is enforceable? Get your free full analysis — first analysis is free.
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U.S. at-will doctrine applies in most states · Estimates are illustrative · Not legal advice · Consult a qualified employment attorney
New Jersey is the only state in the US with a broadly applicable mandatory severance requirement tied to its WARN Act. For qualifying mass layoffs, employees are entitled to one week of severance pay per year of service, in addition to the 90-day advance notice requirement.
Under the amended NJ WARN Act, severance of one week per year of service is mandatory for employees affected by a mass layoff of 100 or more workers. This applies to employers with 100 or more employees. This is unique among US states — most have no mandatory severance requirement at all.
If your employer fails to provide the required 90 days advance notice, you are entitled to an additional four weeks of severance pay on top of the one week per year of service you are already owed. This is a significant financial penalty designed to incentivize proper notice.
Absolutely. The NJ WARN Act sets a floor, not a ceiling. You can negotiate additional severance, extended benefits, outplacement services, or other separation terms — especially if you have potential claims under the NJLAD or other laws. The mandatory severance floor actually strengthens your negotiating position.
Other US states
Content last updated March 2026. This tool provides estimates only and does not constitute legal advice. For a complete analysis of your specific severance package, use the full contract analysis and jurisdiction-matched review.