Am I entitled to severance pay?

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Am I entitled to severance pay?

I was terminated me due to a mistake that I made. I got my last paycheck and compensation for my unused vacation. However, I did not get any severance pay. Am I supposed to get that too?

Asked on November 19, 2017 under Employment Labor Law, New York

Answers:

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

Answered 4 years ago | Contributor

You have no claim here unless your employer was mandated to provide you severance under the terms of a union agreement or employment contract, it need not have given it to you. The fact is that such pay is not otherwise legally required to be made. Therefore, your employer was free to set the conditions of the workplace much as it saw fit (absent some form of legally actionable discrimination).

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

Answered 4 years ago | Contributor

You have no claim here unless your employer was mandated to provide you severance under the terms of a union agreement or employment contract, it need not have given it to you. The fact is that such pay is not otherwise legally required to be made. Therefore, your employer was free to set the conditions of the workplace much as it saw fit (absent some form of legally actioanble discrimination).


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