Severance in West Virginia
West Virginiaseverance & 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.
- Top marginal tax
- 4.82%
- WARN Act
- Federal WARN only
- Unemployment max
- $424 / week
- PTO payout
- Required by law
- Right to work
- Yes
- Notes for West Virginia
- Worth knowing
Severance is taxed at your state's top marginal rate when it pushes you into that bracket.
West Virginia doesn't have a state mini-WARN, so federal rules apply: 100+ employees, 60 days' notice.
Up to 26 weeks. Unemployment insurance is reduced or offset while severance is paid; you can typically collect a partial benefit.
West Virginia requires accrued, unused PTO to be paid out at separation regardless of your employment agreement.
Right-to-work means union dues can't be a condition of employment. It does not weaken individual severance rights.
Wage Payment & Collection Act treats earned vacation as wages.
Sources: state department of labor, state department of revenue, and the U.S. Department of Labor ETA. Last verified: 2026-04.
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Estimates based on public data and industry benchmarks. Not legal advice.