Legal Question in Employment Law in California
Severance pay -- gender discrimination
Myself and another female employee were terminated on 10/31/05 -- reason for both was that our positions were eliminated. I have worked there for 2.5 yrs and received 2 weeks severance. The other female worked for 1 yr and received 1 week severance. Prior to this, the company terminated 2 male employees for the same reason. One worked there for 1.4 yrs and received 6 mos severance; the other male worked for 1.5 yrs and received 9 mos severance. None of us had specific severance contracts that specified a minimum amount, plus we were all at will employees. Do I have the right to seek a better package? I only want 2 months severance including benefits. My contributions to the company were just as significant as the male employees. I did not sign any legal document saying I was waiving my rights to dispute.
2 Answers from Attorneys
Re: Severance pay -- gender discrimination
Severance payments are within the discretion of the company and are not mandated by law. You might have a hard time proving that they favored mail terminated employees over female just because of the rate of severance pay. That said, you certainly have every right and opportunity to negotiate a better package. Many lawyers would be happy to assist you with that task.
Re: Severance pay -- gender discrimination
If you can show gender discrimination in those facts, you can make a claim and seek a better severance if that is your goal. If the facts are strong enough to support a lawsuit, they support a settlement. Contact me if you are interested in pursuing it.
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