Am i entitled to severance and accrued vacation time if I’m laid off by my employer?


Asked on September 25, 2016 under Employment Labor Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Most employees do not have a right to severance pay, unless there is an employment contract or a union contract that provides for it. Sometimes an mentargue for such pay can be made if there is a company policy or practice of giving it. Additionally, when a large group of workers are being laid off, they should get 60 days notice or pay for any of those days that they didn't have notice. Further, if an employer has accrued vacation time, it doesn't have to pay workers for their earned time, if it told employees that such time is lost when they leave the job. If workers are not told, then they have to pay their earned vacation time when they leave. The company must have the rule in the employee handbook or union contract and posted in the workplace.

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