If my company will be sold in the coming weeks, shouldn’t my employer be required to offer severance or consider me laid off so that I can collect unemployment?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my company will be sold in the coming weeks, shouldn’t my employer be required to offer severance or consider me laid off so that I can collect unemployment?

The new company interviewed our office, but has not made any official job offers to anyone. My current company is not offering any sort of severance package. I can’t accept a job offer from the new company because it would mean relocating too far away.

Asked on December 1, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Perhaps morally or ethically they should provide severance, but they are not legally required to offer severance: the law *never* requires severance unless you have a written employment contract guarantying it. If and when you are actually laid off, you can start collecting unemployment, but not while still employed, even if you and everyone else knows the end is coming soon.


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