Legal Question in Employment Law in Tennessee
Failure to Acknowledge Severance
Presently I am an exempt employee of large national firm that has recently undergone a merger. As a result of merger, same position was offered for one year however base compensation was reduced, without notice, by over 22% before tax considerations. Company merger severance policy states that severance is to be applied to all individuals who have not been offered a ''comparable position''. Policy further states that a ''comparable position is defined as one with substantially equivalent job duties and pay level...''. Company now states that the reduction in salary does not constitute a severance event. I believe a severance event has occurred and would like your opinion. (Severance amount is considered material.)
1 Answer from Attorneys
Re: Failure to Acknowledge Severance
You may have a claim if this is a contract (doubtful) or an ERISA plan (more likely). ERISA claims such as the one you would be making are typically judged with deference to the decisionmaker. Every ERISA case (and contract case) depends heavily on exactly what the documents say. Therefore, in order to give any meaningful advice, any lawyer is going to have to review the plan documents.
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