Legal Question in Employment Law in California

Do I have a case for severance pay?

Fired from my inside sales job after 9 years with a company, the reason was a complaint that a customer didn�t like my phone manner. In Dec 2001 there was a similar incident, after which I had a meeting with my boss & the owner. I was told by the owner that if this continues, he �can�t have me talking to customers�. He said I had done a lot of good things for the co., as I usually had the highest sales. I had been written up 2 times prior for similar reasons. This all began when the co. moved into a larger building in Dec 99. The sales dept however, was in a room no larger than the old one, plus there were 2 extra people in the room. We all worked on the phone & there was more noise than in the old building. Six months after moving, I began having earaches & headaches daily which would subside after work. My doctor thought it was caused by stress & anxiety at work. Several times I told my boss & the owner about this & what the doctor said. We discussed things that could be done, some very simple things which would not have cost much, if anything. But none of the solutions was implemented. My medical problem contributed to my work problem. Do I have a case for receiving severance pay as I received none. Do you think I�ll get UI?


Asked on 3/04/02, 4:05 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Do I have a case for severance pay?

There is no law that requires employers to pay severance, even if you were laid off. Severance pay is merely discretionary. Some employers have written severance pay plans. If your former employer does have one, a close scrutiny of the plan is necessary to determine if you meet the criteria spelled out in the plan.

Under the circumstances you describe, you should be eligible for unemployment insurance because it does not appear you were fired for "misconduct" which is what disqualifies employees from benefits.

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Answered on 3/06/02, 12:29 pm


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