Legal Question in Employment Law in Georgia
I was on short term disability when my company laid off my department on 02/10/12. I wasn�t notify by HR in reference to the lay off. There was a problem with my STD pay so I made a call to the area HR Manager to help fix the error with my pay.
Once we cover the STD she asked did I hear about the lay off and I told her I heard from another associate, this was 4 or 5 days after the lay off. The HR Manager informed me she couldn�t speak with about my severance pay until my STD was over! HR Manager said she would call me on 3/14/12 after my doctor appointment and I never heard from her so I placed a call to her on 3/15/12 with no return call. I called again on 03/19/12 and was able to speak with her.
The HR manager made me aware my severance pay changed from $18K to $13k due to me been on STD because the company couldn�t pay me for both. I can�t understand why my severance pay went from $18K to $13K. The doctor released me to return to work on 3/15/12.
My question is should my severance pay begin on 03/15/12 since I was on STD and one more thing; I haven�t received my package yet!
I feel the company is trying to cheap me out of my full severance pay; I leave in Atlanta, Ga
1 Answer from Attorneys
Absent a contract stating otherwise, severance pay is normally something an employer voluntarily provides to employees - not a legal right or entitlement. Since you did not tell us what contract (or other facts) gives you a right to any severance at all, your question can't be answered with any certainty. Most people laid off (or terminated) get nothing.