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Layoff Calculator

Severance in New York

New York severance & layoff calculator

State law shapes how much of your severance you keep, when you can collect unemployment, and whether your employer owed you advance notice. Here’s what applies in New York.

Estimate my New York severance
Top marginal tax
10.90%

Severance is taxed at your state's top marginal rate when it pushes you into that bracket.

WARN Act
State mini-WARN: 50+ employees

New York layers its own WARN-style protections on top of federal law. NY WARN requires 90 days advance notice for covered plant closings and mass layoffs (employers with ≥50 full-time employees). The 90-day requirement is conditional on meeting mass-layoff thresholds: plant closing affecting ≥25 employees, OR mass layoff of ≥25 employees comprising ≥33% of the site workforce, OR ≥250 employees. Adequate federal notice (60 days) does not satisfy the state requirement when those thresholds are met.

Unemployment max
$869 / week

Up to 26 weeks. Unemployment insurance runs concurrently — you can collect benefits even while severance is paid out.

PTO payout
Depends on employer policy

No statutory requirement to pay out unused PTO — check your employee handbook or offer letter for any contractual obligation.

Right to work
No

Non-right-to-work; union representation may be relevant to severance and grievance procedures.

Notes for New York
Worth knowing

FY26 budget raised UI max to $869 effective Oct 13, 2025. Severance generally non-disqualifying when paid >30 days post-separation.

Sources: state department of labor, state department of revenue, and the U.S. Department of Labor ETA. Last verified: 2026-05.High confidence

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Step 1 of 3

Tell us about your income.

We use this to estimate your severance and what taxes will take.

Which one am I?
W-2 employee
You receive a W-2 from your employer at year-end. Taxes are withheld from your paycheck. You’re an “employee” under federal and state employment law — protected by FLSA, FMLA, Title VII, your state’s WARN if applicable. Severance, when offered, works the way this calculator measures it.
Independent contractor (1099) / freelancer
You receive a 1099-NEC at year-end (or self-report income). You pay your own taxes (estimated quarterly). You’re NOT an “employee” under employment law — your rights live in your contract, not in statute. There is generally no severance entitlement for 1099 contractors; this calculator’s framework doesn’t apply to you. We’ll redirect you to resources that do.

Your gross pre-tax salary, not including bonus or equity.

$/ year

Time at your current employer. Decimals OK (e.g. 4.5).

Estimates based on public data and industry benchmarks. Not legal advice.