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

Answers:

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.


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