Legal Question in Employment Law in Massachusetts

severance pay for a part time employee
The company is closing our operation in Massachusetts and moving. They gave us notice in September and will be closing in December. They are giving severance pay as follow: Exempt, 1wk per year of service, unlimited, 4wks minimum. Non-exempt, 1wk per year of service, limited to 8wks, 2wks minimum. My status is unique. I worked 5 years fulltime as a Design Engineer (exempt) before leaving to become a full time fire fighter. At that time I began working part time. My benefits were pro rated based on the 24hrs per week that I worked with the company. My status also changed to non-exempt. I am completing my 9th year as a part timer. Now comes the question; they have offered me severance pay as follows; 8 weeks, pro rated down to 5, based on my 24hrs per week schedule. Am I deserving of more? The 5 years I worked full time should give me at least five weeks and shouldn't there be something for the 9 years part time. Is this discrimination? Should I persue a more equitable severance?

Asked on 10/23/03, 5:10 pm

Nance Lyons Law Office of Nance Lyons

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Re: severance pay for a part time employee

Sorry for the delay. It is not discrimination. You sould meet with personnel however to argue your position. Good luck.

Answered on 11/03/03, 3:14 pm

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