Legal Question in Employment Law in California
Termination of employment and equal treatment
I work for a very large company. In January, the company announced a redundancy policy in which selected employees may be made redundant and receive a severence package. According to the policy, employees cannot volunteer for the severence program.
I informed my management in December that I would be leaving the company early this year. I have since learned that other employees within the company did a similar thing and their management arranged for them to be put on to the severence program. However my management have refused to do this.
Do I have any grounds for complaint? It appears that I am not being given the same treatment as other employees within the company.
1 Answer from Attorneys
Re: Termination of employment and equal treatment
The answer is somewhat complicated and depends, in part, whether the severance is a plan under a complex law called ERISA. If it is a "plan," all employees must be treated similarly. If not, then there may be room for discriminating between employees. The last line of your question -- differing treatment in terms and conditions of employment -- is the classic test for discrimination -- however, you must also be a member of a "protected class" (minority, female, over the age of 40, etc.) or have protested some illegal policy of the employer in the recent future . . . in order to have a case, the discrimination by the employer must be for an illegal reason -- and it's unclear from your posting whether such an illegal reason exists.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
