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Layoff Calculator

Severance in West Virginia

West Virginia 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 West Virginia.

Estimate my West Virginia severance
Top marginal tax
4.58%

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

WARN Act
Federal WARN only

West Virginia doesn't have a state mini-WARN, so federal rules apply: 100+ employees, 60 days' notice.

Unemployment max
$424 / week

Up to 26 weeks. Unemployment insurance is reduced or offset while severance is paid; you can typically collect a partial benefit.

PTO payout
Required by law

West Virginia requires accrued, unused PTO to be paid out at separation regardless of your employment agreement.

Right to work
Yes

Right-to-work means union dues can't be a condition of employment. It does not weaken individual severance rights.

Notes for West Virginia
Worth knowing

Wage Payment & Collection Act treats earned vacation as wages. Top rate cut to 4.58% via SB 392 (signed Mar 31, 2026, retroactive to Jan 1, 2026).

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.