Legal Question in Employment Law in California

Severance

My company is laying of employees. Some of us were given a choice between a demotion at a lower wage or a 6 month severance pay. Others were not given any option and received 2 weeks pay for every year up to 20 as severance. To stay I'd have to take a 20% deduction in pay over a 2 year period. I don't think this is giving me a choice and so I asked to be severanced at the 40 week level. I was told because it is a severance package, legally they can't treat me any differently than they did everyone else who was given a choice so I'd only get the 26 weeks. Is this correct?


Asked on 11/15/06, 5:18 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Severance

They can make any rules they like, unless you have a union or written contract. They are making a strategic decision, not a 'legal' one, to not open a floodgate of demands for individualized treatment and claims of unfair treatment for offering different options. Take the offer you choose.

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Answered on 11/20/06, 8:15 pm


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