Legal Question in Employment Law in California
In Feb 2005, an HR rep at a dept meeting told us the company was planning to re-organize my dept. Several of us would be laid off. The lay-offs were scheduled to take place by Dec 2005 when production was to be moved. I'm in a Production support dept. We were told if we stayed until lay-offs we would be paid a severence of 2 weeks/each yr of employment with the company.
No other support depts were told this but the company paid this severence package to all site employees who were laid off. In July of 2009, the company announced a new severence package of 1 week/yr for up to 20 years employment. After 29 years, I was laid off at the end of Dec 2009 and the company is 20 weeks of pay rather than the 58 weeks based upon the 2005 package.
There was nothing in writing (but dept members took this as a promise) and the company is now saying that the 2005 meeting was only presenting a proposal that was only good until Dec 2005. I have until Feb 1 to accept or reject the 20 week offer and that will be final.
Having no written agreement, is there anything I can do to force the company to follow the 2005 severence package? Do I have a good case?
1 Answer from Attorneys
No. This is a new offer. The old one expired long ago.