Legal Question in Employment Law in Massachusetts

Employment

The branch of the company that I work for is going out of business and some of the employees have been given a severance. I have not been offered a severance but instead I have been offered a latteral move to a store that is much further away. If I do not take the offer, am I still entitled to a severance or does that mean that I am quitting? I am not sure if I am obligated to take the position in fear that I will but ''cutting my own throat''. Thank you


Asked on 3/08/01, 11:18 am

1 Answer from Attorneys

William McLeod McLeod Law Offices, PC

Re: Employment

If you're an at will employee, you are not entitled to a severance package. Upon termination, you are required to be paid your wages, and any unused but earned vacation/sick days. While I know it does not seem fair that your colleagues have gotten a severance and you have not, there is no legal requirement that you are entitled to any severance at all.

However, I am curious as to why you didn't get a severance package and your employer wanted you to move far away. While you might not be entitled to a severance package, that does not mean that an employer can unlawfully discriminate against you in giving out severance packages (i.e., on the basis of your sex, race, color, age, disability, sexual orientation, etc.). If you think this has happened to you, you might have some claims to assert against your employer (the statute of limitations is VERY short, so it's very important you take action now if you believe this happened).

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Answered on 5/17/01, 5:12 pm


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