Legal Question in Employment Law in Florida

Lay off and Severance Pay

I was informed that I am being laid off effective Feb 28. My position is basically being eliminated. I was given a form to sign, which basically releases the company from all claims that I may have against them. I am being offered a serverance package of 2 weeks pay. Other employees that were laid off 1 to 2 years ago were given 1 weeks pay for every year of service to the company. I have been loyally employed for over 7 years. Shouldn't I be entitled to the same severance package the other employees received? I may also have a claim against this employer for discriminatory practices. Basically, it depends on who you are if the policies of the company are enforced or not. For example, the CFO sends porographic e-mails to his nephew that is in Sales. This person then sends it to another user. This user complains about the obscenities, but nothing is done except the nephew no longer sends them to this user. Another user received a pornographic e-mail and passed it to a friend in the company. Someone else saw the e-mail and complained, but this time this person was reprimanded for his passing of pornographic material and violating policy.

Thanks for the help


Asked on 1/12/05, 11:46 pm

2 Answers from Attorneys
Keith Stern Shavitz Law Group

Re: Lay off and Severance Pay

If there is a formal plan, in writing would help, governing severance, then yes you should receive the same formula as everyone else. However, employers are not required by law to pay any severance, and so if your company does not have a formal severance plan, they can offer you anything they want. It doesn't sound like there is anything unlawful about the emails you've described, you and I might not find them appropriate for the workplace, but those things alone are not unlawful unfortunately. If we can be of further assistance, please feel free to contact us.

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Answered on 1/13/05, 8:39 am
Bonita Riggens Law Office of Bonita M. Riggens

Re: Lay off and Severance Pay

If you believe you were laid off because you complained about the pornographic emails, you may have a discrimination and/or a whistleblower claim. You should consult with an employment law attorney asap.

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Answered on 1/13/05, 1:03 pm


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