Denial of severance due to needs of business?
Hi, my son applied for a voluntary separation package which was offered to employees by the company he works for. He was denied due to needs of the business although others were accepted. He was told they would pay him the severance if he continued working there until March. I wondered if he has any legal recourse. This seems discriminatory to me. Thank you.
1 answer | asked Dec 4, 2015 3:22 PM [EST] | applies to New York
Answers (1)
No state or federal law requires severance pay.
Most severance agreements require the employee to keep the terms confidential. It is not common for a court to examine or permit the disclosure of contracts which an employer and employee make incorporating confidentiality.
If your son agrees to stay until March he should negotiate the best package he can and get it in writing.
In today's job market no one should resign without first having lined up a new job with a specific term of employment (a year or longer) in writing and signed by employee and future employee.
posted by V Jonas Urba | Dec 4, 2015 3:45 PM [EST] [ Best Answer - selected by asker ]
Most severance agreements require the employee to keep the terms confidential. It is not common for a court to examine or permit the disclosure of contracts which an employer and employee make incorporating confidentiality.
If your son agrees to stay until March he should negotiate the best package he can and get it in writing.
In today's job market no one should resign without first having lined up a new job with a specific term of employment (a year or longer) in writing and signed by employee and future employee.
posted by V Jonas Urba | Dec 4, 2015 3:45 PM [EST] [ Best Answer - selected by asker ]
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