Do I have the right to insist for a severance package?
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Do I have the right to insist for a severance package?
I worked for 8 years as a director of nursing for a home health agency and specialty pharmacy. Relocated 4 hours away from main office. I was told at that time that I was going to be replaced. I continue in my position as I continue to do perform all required job duties. Last week company went through a major reorganization and let many managers go with severance packages, including my manager. Company has done away with a role that I supervise. this person is being told to take my position, which she turned down 7 months ago or be let go too with severance. I’m being replaced without any severance.
Asked on July 24, 2016 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Do you have an employment contract or union agreement that requires you receive a severance package? Does not giving you one constitute some form of legally actionable discrimination? If not, then you are what is know an an "at will" employee, which means that you can be fired for any reason or no reason at all, with or without notice. Further, in such an employment arrangement your employer can set the conditions if work much as it sees fit. This includes whether or not to pay an employee a severance package.
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