Serverance - calculation of eligible weeks

I have recently been given a severance deal, the company is stating I am only qualified for 12 weeks of seperation due to my rehire in 2002. In June I celebrated my 25th year. They are claiming when I was layed off in 2002 that I received a severance amount (which is true). I returned 8 months later and actually had to pay back some of the monies. Can they hold this line that I am only eligible for 12 weeks or based on the fact that I was rehired and my time bridged can I qualify for the maximum weeks again?

1 answer  |  asked Sep 21, 2009 12:02 PM [EST]  |  applies to New York

Answers (1)

Patricia Pastor
Severance is a discretionary benefit given to employees. An employer has no legal obligation to pay severance unless a contract was signed granting a specified amount of severance pay upon separation.

If your employer signed a contract providing you with more than 12 weeks of severance, or if you are being treated differently than other employees who separated from the company under similar circumstances, you may want to seek legal counsel. Otherwise, without more, your employer is entitled to limit your severance to 12 weeks.

posted by Patricia Pastor  |  Sep 24, 2009 5:47 PM [EST]

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