Can I compel my former employer to pay me severance?

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Can I compel my former employer to pay me severance?

I was fired for taking off but I had off time to use still. The company later found that they made a mistake because I did have the time to take. After my dismissal, I immediately found another job but my former employer asked me to go back and work until they close the branch. I refused because I have another job already. Now they don’t want to give me my severance pay.

Asked on November 7, 2016 under Employment Labor Law, Indiana

Answers:

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

Answered 4 years ago | Contributor

In an "at will" work arrangement, a business can set the conditions of employment much as it sees fit. Accordingly, unless you have an employment contract or union agreement that provides for severance or your company has a long history of paying severance pay in similar situations, you have no right to it. In other words, legally it need not be provided. 


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