Severance pay

Get Legal Help Today

 Secured with SHA-256 Encryption

Severance pay

My employer terminated me because of a
mistake at work. I got my last check and a
check for unused vacation. I asked for
severance pay but the HR assistant said no. I
plan to call the Corporate to ask for it. Can you
advise me how to negotiate to get severance
pay? What should I say to get it? I worked for
the corporation for 10 years and 7 months. I
am in California. Thanks.

Asked on November 12, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

The fact is that severance pay is discretionary. In other words, unless mandated to be paid under the terms of a union or employment contract, it is not legally required to be given. Therfore, based on the facts presented, you have no right to such pay. That having been said, if your former employer has a history of paying to out and you feel that you have been singled out for no severance due to some form of legally actionable discrimination, then you might have a claim but you did not indicate that to be the case.

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

Answered 3 years ago | Contributor

The fact is that severance pay is discretionary. In other words, unless mandated to be paid under the terms of a union or employment contract, it is not legally required to be given. Therfore, based on the facts presented, you have no right to such pay. That having been said, if your former employer has a history of paying to out and you feel that you have been singled out for no severance due to some form of legally actionable discrimination, then you might have a claim but you did not indicate that to be the case.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption