If an employer is going out of business and paying you severance but did not calculate the correct amount, are they legally bound to correct it?

I worked for company for 20 years they are paying 1 week for each year up to 13 max. The last 2 years I worked part-time 20 are they obligated to pay me for full time pay for previous years

Asked on January 24, 2017 under Employment Labor Law, Oklahoma


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

Answered 3 years ago | Contributor

Did you have an employment contract or union agreement that addressed the issue of severance? If not, then as an "at will" employer your company was not obliged to pay it to you at all. The fact is that severance is not legally mandated to be given. Therefore, to the extent that your employer chose to provide it, it had a discretion over how it was calculated. Bottom line, most businesses can set the conditions of employment much as it sees fit absent some form of legally actionable discrimination.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.