Can I fight my employer for severance pay?

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Can I fight my employer for severance pay?

My manager told me that my job would be abolished either late this month or early next month. I then accepted an offer to start a new job. Should I fight for my severance package?

Asked on December 2, 2018 under Employment Labor Law, South Dakota

Answers:

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

Answered 2 years ago | Contributor

First of all, are you even entitled to a severance package? Check the terms of any applicable union agreement or employment contract that you may have. If severance is not mentioned, the you are not entitled to any since it is not mandated to be givenunder the law. In other words, in order to be eligible for severance your employer must be legally bound to pay it to you, otherwise you have no claim for such pay.


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