Severance pay

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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 6 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 6 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.


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