severance package rights in case of quitting

I have been working for the same company for ten years as a manager and would like to quit. Do I have the right for a severance package if I quit or do I get it only if I get fired?

1 answer  |  asked Aug 22, 2006 09:45 AM [EST]  |  applies to New York

Answers (1)

David M. Lira
The Right to Severance?

In New York State, there is no right to severance pay. It doesn't matter whether the employee leaves voluntarily or involuntarily.

You may have a right to severance if your employer has a program or policy of providing for severance. But your right would depend on what the policy or practice is.

However, whether you leave voluntarily or involuntarily, you are entitled to the payment of wages you have earned but have not yet received. Your are also entitled to the payment of earned leave. Vacation is usually considered earned, but sick leave is not. So, you should get a check for used vacation leave, but in most cases you'll lose unused sick time.

posted by David M. Lira  |  Aug 22, 2006 1:27 PM [EST]

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