Legal Question in Employment Law in New York

Sue for Severance?

I have been an Executive Assistant with the same Big 5 Accounting Firm for 18 years. I have always been a model employee and have gone above and beyond, working on special projects for many years, including 8 years with the Admissions Committee, teaching word processing to new employees (without additional pay), and planning, producing, hosting and performing in charity events and parties for my firm (I'm also a performer). When the firm had lay-offs in June, I volunteered to be let go, in order to get a severane package. They did not accept volunteers. I do not want to just quit and walk away and feel I deserve SOME severance for all my years of hard work for this firm. Can I sue for a severance package?


Asked on 12/03/01, 3:53 pm

1 Answer from Attorneys
Thomas Luz Pearce & Luz LLP

Re: Sue for Severance?

It's not clear from your question whether you are still with the company. If you've been let go, and it is the company's policy to give severance, then you most likely have a right to severance. People who quit usually don't get severance, however, and if you've left voluntarily, you probably have given away your leverage. Many companies will negotiate something if the employee's departure is to the company's benefit. Bear in mind, however, that employment is "at will," and you have no right to compensation beyond your salary and benefits unless there is a company policy to the contrary.

Thomas J. Luz

Pearce & Luz LLP

99 Park Avenue, 25th Floor

New York, New York 10016

(212) 986-7714

Read more
Answered on 12/03/01, 4:26 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in New York