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Am I entitled to full severance compensation (Employment & Labor Law)

Fri, 28 Jul 2000 17:14:00 GMT

In January, 1999, I was "let go" with a letter and compensation package from my former employer (company A), who I worked for 13 years. Company A was bought out by company B (based in Washington DC) and moved from the east coast to the west coast. For 1 month I was unemployed and collected unemployment compensation. In March of that same year I was re-hired by company B, working from home (in New Jersey), in a new position. When I was re-hired, company B agreed to keep my seniority based on years with my previous company A. I am currently receiving full benefits, vacation time, sick time, personal days, etc. based on my 13 years (now 14 1/2 years). I have now learned that company B is reorganizing, and once again, I will be "let go" with a compensation package. However, they now say they cannot recognize my seniority for servance and am not entitled to a "full package" because I was paid severance before. I will get severance based on only 1 1/2 years of service. I was never advised of this when I was re-hired. The most confusing part is that with my package, I will be paid for unused sick, personal and vacation time based on 14 years, but on actual week's pay, only 2 years. Can someone explain this to me? I would be very appreciative. I am a single mom and to have to get laid off twice in 1 1/2 years is a big hardship for me. Thanks!

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  • Mon, 31 Jul 2000 12:14:00 GMT(1)
  • Basically, your "right" to any severance package, at least here in California, is wholly dependent on the company's policy. There is no state or federal law for private employees to be "entitled" to any severance package or benefits. Since you are dealing with a specific situation, you might have a right to a greater severance package than they are telling you.
    Your best thing to do is to take ALL employment and personnel policy documents to an employment law attorney near you. Let him/her review it and determine if you are "entitled" based on a contract theory to a greater severance package. You should be able to find one near you at attorneypages.com.
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