Are severance packages mandatory in Florida?

On Behalf of | Mar 28, 2025 | Severance Agreements

If you’ve recently lost your job, you might wonder if you’re entitled to a severance package. In Florida, severance pay is not required by law. Unlike some other states, Florida does not have a statute that mandates employers to offer severance to employees upon termination. However, this doesn’t mean that severance packages are nonexistent. They are often offered as part of an agreement between the employer and employee.

What is a severance package?

A severance package typically includes pay based on the employee’s length of service, along with other benefits like continued health insurance or job placement assistance. Employers may offer this as a gesture of goodwill or to prevent potential legal claims, such as a wrongful termination lawsuit. While it’s not a requirement, some employers may offer severance to help employees transition to new jobs.

When are severance packages offered?

Employers offer severance packages in certain situations. For example, companies going through layoffs, downsizing, or restructuring offer severance to soften the financial blow for their employees. Similarly, a company offers severance when an employee is terminated without cause, aiming to minimize potential legal claims. However, if an employee is fired for misconduct or violating company policy, employers do not offer severance.

Why don’t all employers offer severance?

Employers are not obligated by law to provide severance pay, so many choose not to. Some companies may have policies that offer severance only under specific circumstances, such as company-wide layoffs or voluntary resignations. Smaller businesses might not have the resources to provide severance, or they may prioritize other expenses. In these cases, employees are generally not entitled to any compensation beyond their final paycheck.

In Florida, you do not automatically have the right to a severance package, but certain situations may lead to one being offered. You should understand your rights and know what you can negotiate in your specific case.