What is the law regarding severance package eligibility?

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What is the law regarding severance package eligibility?

My employer has had 2 general layoffs this year, 25 people 6 months ago and 40 people

last month. They were given a severance packages equivalent to 1 week per year of service. I was not part of this initial layoffs. The company is having financial difficulties so I have been looking for another job. If I resign and give my 2 week’s notice, is it possible to claim the severance package benefits?

Asked on August 12, 2016 under Employment Labor Law, Florida

Answers:

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

Answered 4 years ago | Contributor

Providing a severance package to departing employees is not legally mandated. Accordingly, an employer has a great deal of discretion when and to whom to pay such a package. The fact is that in an "at will" employment arrangement, a company can set the conditions of the workplace much as it sees fit. This is true unless such action violates the terms of a union/collective bargaining agreement or employment contract. Additionaly, such action must not constitute some form of lehally actionable discrimination or retaliation.


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