What can I do if I worked for a large corporation for 10 years and severance pay has been a policy of the company, yet I did not receive any when I left?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if I worked for a large corporation for 10 years and severance pay has been a policy of the company, yet I did not receive any when I left?
Last year, my father suffered a stroke and had to take care of him so I took FMLA. I am unable to return to work after my FMLA expired as my father’s condition remained critical; I requested for a extension but was terminated at the end of my FMLA leave. Since I was solely taking care of my father, I only applied for unemployment benefits until I was ready to look for a job which, was 8 months ago. Initially, the company that I worked for disputed my UI benefits claiming excessive absences and that I had resigned when it was crystal clear in my termination letter they were terminating my position. Anyway, am I still entitled to severance?
Asked on January 7, 2016 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
A "policy" is not the same as a legal requirement. The law *never* requires severance on termination of employment: it is up to companies, in their sole discretion, whether, when, etc. to offer it. Even if your employer has commonly or habitually offered severance, that does not obligate them to offer it to you, and they may refuse to do so.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.