I know severance pay isn't mandatory, but.........
After 25 years of service, I am being terminated due to lack of business/income. Although originally told the company was closing, that has changed and the company will continue with only the owners as employees. Historically, they have given severance pay to ALL terminated employees. In doing so, have they set a precedence requiring them to pay me as well? I am a 63 year old female.
1 answer | asked Apr 25, 2012 12:57 PM [EST] | applies to New York
Answers (1)
You're right, severance pay is not mandatory unless the employer is obligated to pay it pursuant to an employment contract. Precedence doesn't apply where they are under no obligation to pay severance to begin with. Ask yourself if the owners are all younger than you or if they have made any comments about "retiring" or your age and, if so, perhaps they are terminating you due to your age rather then lack of business. That would be unlawful - it's not easy to prove but be sure all your rights are protected.
Good luck.
Jeanne M. Valentine
www.HusonValleyEmploymentLaw.com
posted by Jeanne M. Valentine | Apr 25, 2012 1:43 PM [EST]
Good luck.
Jeanne M. Valentine
www.HusonValleyEmploymentLaw.com
posted by Jeanne M. Valentine | Apr 25, 2012 1:43 PM [EST]
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