Legal Question in Employment Law in New York

severance pay

i worked in this company for 37yrs. they restructured and changed hands.some people were let go, me being one of them. they are only giving me one months severance. in the notice it states something about a weeks pay for every year of service, but then states min 2yrs, max 4yrs. can i fight this and win. i have worked so long for them. this is crazy i do not deserve this. what can i do

thank you

--name removed--


Asked on 2/06/06, 3:35 pm

2 Answers from Attorneys

Peter Moulinos Moulinos & Associates LLC

Re: severance pay

I will have to see the notice which was sent out to the employees to determine if you were treated in a disparate manner. Another question is whether you belonged to a union and are subject to a collective bargaining agreement. The only other cause of action you would have against the company is if you were let go based on age, race, sex, religion or national origin.

Please contact me if you would like to discuss this further.

Kind regards,

Peter Moulinos

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Answered on 2/06/06, 3:39 pm
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: severance pay

If you had a written employment contract that required otherwise, this is wrong; absent a contract, New York law states that all employment

is "at will."

Your description of the severance package is unclear and I do not understand what you mean.

If the company only let older employees go or decided based upon race, creed, color or gender,

that would be illegal because it is discriminatory. If they did not discriminate, and you had no contract this is par for the course.

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Answered on 2/06/06, 3:50 pm


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