Legal Question in Employment Law in California

Laid off during leave

I am on a medical leave right now. However, my department might shut down and employees might be laid off. Six months severance package will be provided. If the company decided to shut down my department, will I receive a severance package as well?


Asked on 7/17/08, 4:09 pm

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: Laid off during leave

Yes, you will be entitled to severance. Your employer may not discriminate against you based on your leave. This includes discriminating in benefits provided to employees. Since severance is one of the benefits to which you would have been entitled if you were not on leave, you are equally entitled to it if you are on leave.

Thanks,

Arkady

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Answered on 7/19/08, 8:52 pm


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