If I was laid off and received 2 weeks severance for every year worked, plus paid benefits for 2 months, should I have a lawyer review the package before I sign?
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If I was laid off and received 2 weeks severance for every year worked, plus paid benefits for 2 months, should I have a lawyer review the package before I sign?
I worked as a contractor for 2 years at this hospital before they hired me, they did not count those 2 years in my severance.
Asked on April 27, 2012 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
First, bear in mind that severance is NOT required by the law--it is up to employers whether to offer it, how much to offer, the rules for eligibility for it, etc. Therefore, the hospital is not required to count time spent as an independent contractor or freelancer in calculating severance, and is free to only consider your time spent as an employee. Therefore, you would seem to have no potential claim for additional severance for your time as a contractor.
Second, as you whether you should have an attorney review the package--bear in mind that a lawyer's review will probably cost you anywhere by $200 - $500 (possibly more, depending on the attorney); unless you have reason to think that there is something (other than severance for your time as a contractor; see above) which may be worth more than that which you are not currently being offered, it may be that it is not economically worthwhile to have an attorney's assistance in this case.
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