Legal Question in Business Law in California

Employment Law

Do I have a right to know what my severance package is if my company has closed my local office in San Diego, and is offering me a position in San Francisco. I would like to make an informed decision prior to any move, but they are refusing to disclose the terms of my serverance package. I have been a good employee with them for over 15 years and am not sure if I want to move so leaving the company is an option. I have sent written requests to HR which have gone unanswered, and I've spoken to the HR director who says flat out that he is not going to tell me. Is that legal? Any suggestions on how to proceed? Thank you in advance.


Asked on 2/20/08, 2:04 pm

2 Answers from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

Re: Employment Law

Does your company have a policy which provides for a "severance package?" There is no legal requirement that any employer provde a "severance package" unless you belong to a Union who has negotiated for one, or the employer has promised an employee such a package. Because your inquiries have been unanswered, your company probably does not plan on providing you with a "severance package" if you decide not to relocate.

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Answered on 2/20/08, 4:07 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Employment Law

Yeh, I would agree with Mr. Hoffman. You really have two questions you need answered: (1) What is my relocation package, if any, if I agree to relocate to San Francisco? and (2) If I decline the relocation, what kind of severance package will I get, if any?

The company is probably under no obligation to pay severance or relocation expenses. It could just abolish your position, period.

If the company refuses to discuss the packages with you, that can mean either (1) there is no package, or (2) it hasn't been worked out yet. If severance or relocation packages had been worked out, there is no sensible reason to withhold that information from you.

Employees with either collective-bargaining (union) contracts or individual employment agreements would be in a different situation, as would employees where a published and distributed policy manual raises an expectation of severance benefits.

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Answered on 2/20/08, 5:29 pm


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