What can I do if my job was eliminated without notice and the severance amount is incorrect?

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What can I do if my job was eliminated without notice and the severance amount is incorrect?

The letter states 1 week for each year not to exceed 10 weeks. I have worked for the company for 12 years, however the amount is for 4 weeks. When I called they said that due to the company acquisition that they are going under the severance agreement in the purchase. We were purchased 2 months ago. At that time it stated that years serviced would be grandfathered in. My PTO was calculated at 12 years. When I questioned HR she emailed me a different severance letter deleting the verbiage about pay per years served. I have not signed letter yet. I need to do something because it is effecting unemployed. What should I do.

Asked on February 1, 2017 under Employment Labor Law, Georgia

Answers:

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

Answered 4 years ago | Contributor

The correct amount of severance is that which your employer decides. The fact is that severance is not legally required. Therefore to the extent that an employer provides it, they have a great deal of say over how it is calculated. That is unless there exists an employment contract or union agreement probiides otherwise. The fact is that most employment is "at will" which means that, absent legally actionable discrimination, a company can set the conditions of employment much as it sees fit.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The severance amount, unfortunately, is correct from a legal perspective. Severance is *never* required by the law: employers have no obligation to give severance. Therefore, it is competely voluntary n their part whether to give severance and they may change what they are offering at will.


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