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so how is severance calculated first thing you need to do is you need to check if there is an employment agreement that outlines or defines how much severance an employee should receive in any given circumstance if there is you have to consider if its legal and if its legal you have to follow it outside of an employment contract or specific agreement about severance we look to the common law which is really considered the default the common laws judge made law and over the years judges have developed a test to assess and determine how much severance or notice someone should get in a situation where their determination without cause and what the courts look at is the following they say how old is the employee how long is the employee worked for what type of job is the employee doing and how long would it take that employee to find a comparable job have a regard to his or her qualifications training and experience and finally you look at precedents which are the comparables so what did
