Am i entitled to a severence

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Am i entitled to a severence

I am Ford my employer a month-and-a-half ago that I was looking for other employment, but would continue to do my job to the best of my ability until I found something new. Two weeks ago we did a layoff of 10 of our Workforce. Last Wednesday I was informed that someone from my department needed to be laid off and since I was looking for other work that would be me. Everyone else that got laid off got one weeks of severance for every year that they were employed. I was told I would not receive a severance since I was already looking for other work. Am I entitled to a severance I’ve been with the company for 7 years?

Asked on August 26, 2017 under Employment Labor Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Unless you had a written employment contract for a definite or defined term (e.g. a 1-year, 2-year, etc. contact) which had not expired and which, by its plain terms, guaranteed you severance in this situation, you are not entitled to it: in the absence of a contract, severance is purely voluntary on the part of an employer (e.g. they do *not* need to give it to employees being laid off) and so they could elect to not give you any under the circumstances.


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