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by goku12 320 days ago
Pardon my ignorance. But isn't it better to be laid off or fired than to resign, since the former entitles you to a few months of severance pay? Or is it different somehow under these circumstances?
2 comments

I’m not sure about this round but I know someone that resigned out of the DOGE wave in Homeland and she got 9 months severance. I would assume something relatively similar.
In the US, there is no general entitlement to severance beyond a specific employer's policies, a worker's or union's contract (if any) with that employer, or any one-time offer (usually called a voluntary layoff or voluntary resignation) from that employer.
I'm not familiar with the US laws. But I have seen a few cases where the terminated employee sued their former employer for not giving them the severance pay they were owed. That's why I made that (possibly wrong) assumption. So, how does that work?
If you mean how does that lawsuit work, the only way the employee wins is if there's some type of agreement that says they should get paid. That agreement could be employer's written policy, an individual or union contract, an email from someone with authority, or so on.

(Or the lawsuit could be a hail-mary on its merits, hoping the employer will settle rather than air dirty laundry in court.)

There may be state-specific laws (in a small number of states for limited circumstances) and there is the WARN Act (but any court payout there would be a penalty on the employer and much delayed for the workers, while it only requires advance notice rather than being like severance -- and also limited by more conditions), but still "no general entitlement to severance" for the vast majority of workers no matter the reason for their separation.