Severance Package Denial
Question Details: My company offered a voluntary severance package to any employee who was looking to retire, go back to school or change careers. At the end, they said they had the right to refuse an employee, but gave no reasons why. I decided to take advantage as I wanted to go back to school, but was denied. When I first asked they said no and I asked why. The HR mgr said they didn't think someone my age would be asking for this. They later said it was because my job was needed (IT) and now they would have to hire someone and not eliminate my job. Now it seems they are eliminating my job. What can be done?
Employment and Labor Law Answers
Though based on what you have told me, they do have the right to withdraw the offer, generally. However, if you reasonably relied on their promise, and it caused you to make changes and loose money, as a result of their broken promise, you could possibly have a claim in quasi-contract for the amount you lost. And of course if they did not give it to you for your age, and you are over 40, then that would be Age discriminationYou should document your request for the severence package by sending it from your email, then saving and printing it.
But your Hr's comment alone is certainly not enought, and it appears you have not left your job thinking they were going to give you severence.
Based strictly on what you said here, their is no legal recouse. Sorry.
Sincerely,
Ryan Scott Nalley
The Law Office of Ryan Scott Nalley
161 North Clark Street
Suite 4700
Chicago, Illinois 60601
Tel: 312.523.6128
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