Severance Pay in Delaware: Calculator & 2026 Guide
Calculate your estimated severance package in Delaware. Delaware state tax is 6.6%, for a combined 28.6% withholding rate.
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Estimate your severance package based on your salary, years of service, and industry
Delaware Severance Pay Laws
Federal WARN Act requires 60 days notice for layoffs of 50+ employees at companies with 100+ employees.
How Severance Is Taxed in Delaware
| Tax Type | Rate | On $50,000 Severance |
|---|---|---|
| Federal (Supplemental) | 22.0% | $11,000 |
| Delaware State Tax | 6.6% | $3,300 |
| Total Withholding | 28.6% | $14,300 |
| You Keep | 71.4% | $35,700 |
Delaware Severance by Industry
Example: 5 years of service, $75,000 salary, individual contributor in Delaware
| Industry | Weeks/Year | Gross Estimate | After Tax |
|---|---|---|---|
| Technology | 2-4 | $21,635 | $15,447 |
| Finance & Banking | 2-4 | $21,635 | $15,447 |
| Healthcare | 1-3 | $14,423 | $10,298 |
| Retail | 0.5-2 | $7,212 | $5,149 |
| Manufacturing | 1-3 | $14,423 | $10,298 |
| Consulting & Professional Services | 2-4 | $21,635 | $15,447 |
| Government | 1-2 | $7,212 | $5,149 |
| Nonprofit | 1-2 | $10,817 | $7,724 |
| Other Industry | 1-3 | $14,423 | $10,298 |
How to Negotiate Severance in Delaware
In Delaware, the standard federal WARN Act applies — 60 days notice for layoffs of 50+ employees at companies with 100+ workers.
- ✓ Ask for more weeks: Counter with 50% more than the initial offer
- ✓ Negotiate COBRA: Employer-paid health coverage for 6-12 months
- ✓ Get a written reference: Protect your future career prospects
- ✓ Review non-compete clauses: Negotiate restrictions before signing
- ✓ Consult a lawyer: Employment attorneys often negotiate 2-5x the original offer
Think Your Severance Is Too Low?
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Delaware Severance Pay FAQ
Is severance pay required in Delaware?▼
No, Delaware does not have a state law requiring employers to provide severance pay. However, the federal WARN Act may require 60 days notice or pay in lieu of notice for large layoffs.
How is severance taxed in Delaware?▼
Severance in Delaware is taxed at 28.6% combined — 22% federal supplemental rate plus 6.6% Delaware state income tax. On a $50,000 severance, you'd take home approximately $35,700.
What is the WARN Act in Delaware?▼
The federal WARN Act applies in Delaware, requiring employers with 100+ employees to give 60 days advance notice for mass layoffs of 50+ workers. Failure to provide proper notice can result in back pay for the notice period.
Can I collect unemployment and severance in Delaware?▼
This depends on how your severance is structured. Some Delaware workers can receive both simultaneously, while others may see a delay in unemployment benefits. If severance is paid as a lump sum, it's less likely to delay unemployment than if paid as continued salary. Contact Delaware's unemployment office for specific guidance.
Severance Pay in Nearby States
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The exact steps employment lawyers use to negotiate higher severance. Used by 10,000+ employees.