Legal Question in Employment Law in California
Fired VP- no cause, severence and prorated bonus?
My husband was fired yesterday without cause. The reason given was the company ''going a different direction''. He had a performance review three weeks ago that was glowing-- on pace for all annual bonuses, even already achieving one of the annual benchmarks by August.
He was offered a severence package of two weeks pay. As General Manager/VP Operations for a winery, he will now find a very difficult job market as most wineries do not hire until spring.
I know that severence pay is voluntary for the employer, but is there any way he can negotiate a better package? Is his employer required to give him his pro-rated bonus?
1 Answer from Attorneys
Re: Fired VP- no cause, severence and prorated bonus?
Unless he has a written agreement, he probably is at-will, and can be fired for any reason or no reason, as long as it's not illegal. The law does not require a severance package. Depending on his longevity and his past performance reviews, he might try to to negotiate a better package, including continuation of health benefits for the family for X months.
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