Can soe workers be offered severance but not others?

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Can soe workers be offered severance but not others?

I was recently terminated from an executive position. My company has a history of paying severance to all other executives in my position but did not offer me one. Do I have any recourse? I was not terminated for any willful misconduct. I was employed there for 5 months.

Asked on September 27, 2019 under Employment Labor Law, Kansas

Answers:

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

Answered 2 years ago | Contributor

First of all, absent an employment contract or union agreement to the contrary, there is no legal right to severance. Further, to the extent that a company  offers it, it has a great deal of deiscretion as to whom it is offered. The fact is that not all employees need be treated the same or even fairly. That is unless such differing treatment is due to reasons of a worker's race, religion, age (40+), disability, nationality or gender.

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

Answered 2 years ago | Contributor

First of all, absent an employment contract or union agreement to the contrary, there is no legal right to severance. Further, to the extent that a company  offers it, it has a great deal of deiscretion as to whom it is offered. The fact is that not all employees need be treated the same or even fairly. That is unless such differing treatment is due to reasons of a worker's race, religion, age (40+), disability, nationality or gender.


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