Legal Question in Employment Law in Pennsylvania

Retained to Avoid Severance Compensation

I am the lone survivor of 2 merging department stores within the same mall in the furniture dept. On 2/17 I was told I would retain my job for I was in good standing. On 5/31 I was told that I was on Final Counseling Extension due to under acheiving in fabric protection for Jan-Feb-Apr. The company criteria for severance was that all associates were to be in good standing to retain their job. How can the company have it both ways? I was not reviewed in any of the months in question, and I inquired as to why I was retained on 2-17-06 and not severanced. I was told it was because of my long tenure with the company. I believe I was retained to avoid the huge severance package that would have been paid to me. I also believe in addition to that, the companies agenda was to keep the best candidate with the broadest skill set to train the new hirings. I have had three managers in the last 90 days, I am currently training the new staff and the new manager without any compensation. I work on straight commission and my severance package would have been for a full year. This extension in my mind which according to human resources is the exception and not the rule was done to deliberately keep me to train the new people. What are my options?


Asked on 6/05/06, 5:09 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Retained to Avoid Severance Compensation

The employer has wide latitude in employment. Without more the employer will be able to terminate you if you do not achieve compliance with the standardized goals set by the department.

Fortunately this looks like a classic case of age discrimination. You will need to demonstrate that you were not severed to benefit the acquiror and that the later actions were taken because of your age. This is a case where an attorney skilled in discrimination cases can greatly assist you in either potentially staying employed, getting a fair reasonable severance or obtaining a judgment that provideds not only for back pay but potentially punitive damages and legal costs.

I have handled a number of such cases successfully. I know the in and outs of getting the desired results.

Finally, it's important that you do not approach your employer and discuss a potential discrimination claim. There is a potential that such could be seen as an attempt to extort action or money and this could justify the empoyer in terminating you. I would be happy to speak with you about this matter.

Regards,

Roger Traversa

email: [email protected]

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Answered on 6/06/06, 10:25 am


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