Severance Pay in North Dakota: Calculator & 2026 Guide

Calculate your estimated severance package in North Dakota. North Dakota state tax is 2.3%, for a combined 24.3% withholding rate.

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Estimate your severance package based on your salary, years of service, and industry

North Dakota Severance Pay Laws

No
Mandatory Severance
60 days
WARN Act Notice
100+
Employee Threshold

Federal WARN Act requires 60 days notice for layoffs of 50+ employees at companies with 100+ employees.

How Severance Is Taxed in North Dakota

Tax TypeRateOn $50,000 Severance
Federal (Supplemental)22.0%$11,000
North Dakota State Tax2.3%$1,125
Total Withholding24.3%$12,125
You Keep75.8%$37,875

North Dakota Severance by Industry

Example: 5 years of service, $75,000 salary, individual contributor in North Dakota

IndustryWeeks/YearGross EstimateAfter Tax
Technology2-4$21,635$16,388
Finance & Banking2-4$21,635$16,388
Healthcare1-3$14,423$10,925
Retail0.5-2$7,212$5,463
Manufacturing1-3$14,423$10,925
Consulting & Professional Services2-4$21,635$16,388
Government1-2$7,212$5,463
Nonprofit1-2$10,817$8,194
Other Industry1-3$14,423$10,925

How to Negotiate Severance in North Dakota

In North Dakota, the standard federal WARN Act applies β€” 60 days notice for layoffs of 50+ employees at companies with 100+ workers.

  • βœ“ Ask for more weeks: Counter with 50% more than the initial offer
  • βœ“ Negotiate COBRA: Employer-paid health coverage for 6-12 months
  • βœ“ Get a written reference: Protect your future career prospects
  • βœ“ Review non-compete clauses: Negotiate restrictions before signing
  • βœ“ Consult a lawyer: Employment attorneys often negotiate 2-5x the original offer
βš–

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North Dakota Severance Pay FAQ

Is severance pay required in North Dakota?β–Ό

No, North Dakota 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 North Dakota?β–Ό

Severance in North Dakota is taxed at 24.3% combined β€” 22% federal supplemental rate plus 2.3% North Dakota state income tax. On a $50,000 severance, you'd take home approximately $37,875.

What is the WARN Act in North Dakota?β–Ό

The federal WARN Act applies in North Dakota, 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 North Dakota?β–Ό

This depends on how your severance is structured. Some North Dakota 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 North Dakota's unemployment office for specific guidance.

Severance Pay in Nearby States

πŸ“‹ Free Severance Negotiation Checklist

The exact steps employment lawyers use to negotiate higher severance. Used by 10,000+ employees.