Legal Question in Business Law in California

Is this severence package legal?

I was told on 4-1-04 by my companies new parent I will be laid off 4-30-04. Our new owners are based in Indiana. We have two offices based in California and one office in Austin, Texas. The Austin office was laid off recently and their severence package was published in a company news letter. Under the published policy guidlines I would have received 12 weeks severence pay. When our severence package was given to us it consisted of four options 1. Move three hours away to another facility. 2. Stay on for the month of April and receive a $500 retention fee and one months severence pay. 3. Quit and receive nothing. 4. Litigation.

Question: Is it legal to change the severence package as they have to suit their needs?


Asked on 4/21/04, 1:21 pm

1 Answer from Attorneys
Deborah Skanadore Reisdorph Skanadore Reisdorph Law Offices

Re: Is this severence package legal?

In California, the employer must follow its own policies with all employees. THerefore, any information you are seeing about the company's policy is important. Be sure to make copies. However, the employer may have made the offer to move to the other facility to avoid having to pay the severance under the policy. Is the move reasonable? There are some other questions I would have for you, but certainly, you could negotiate a severance package for yourself that is comparable to the ones being received in Indiana.

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Answered on 4/21/04, 1:50 pm


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