Company Ducking Severance

[joebagadoughnut]

What is the name of your state? AZ

My employer is a national company. They are struggling and assuming bunker survival tactics. They want to down-size but not pay severance. Their tactic across the country is to make those at my level of management as miserable as possible in hopes of forcing them to quit/find new jobs. My peers are popping out like popcorn all over the country. It's happening to me, too. My super who used to be very pleasant has become unbearable and won't even look me in the eye. I have been with the company many years, therefore qualified for the maximum severance. Any ideas on how I make sure they don't renig on that severance when they shove me out the door after almost 20 years?

 

[Zigner]

What is the name of your state? AZ

My employer is a national company. They are struggling and assuming bunker survival tactics. They want to down-size but not pay severance. Their tactic across the country is to make those at my level of management as miserable as possible in hopes of forcing them to quit/find new jobs. My peers are popping out like popcorn all over the country. It's happening to me, too. My super who used to be very pleasant has become unbearable and won't even look me in the eye. I have been with the company many years, therefore qualified for the maximum severance. Any ideas on how I make sure they don't renig on that severance when they shove me out the door after almost 20 years?

Do you have some sort of written agreement/contract guaranteeing you the right to severance pay? (Not being sarcastic...just asking )

 

[eerelations]

Unless you have a written contract (not a policy or a handbook or past actions by your employer, but a personal, written contractual document that you reviewed and signed at some point in the past) with this company, this company is not legally required to pay you severance. It may fire you at any time and for any reason - without severance pay - except for those reasons prohibited by law.

(Typically, "prohibited reasons" are generally reasons based on race, gender, religion, disability, and so on. "Financial difficulties" is not a prohibited reason.)

If you don't have a personal contract with this company that has severance pay provisions, then I don't understand why it would go to the trouble of making your worklife so unbearable that you quit. This company could save a whole lotta trouble by simply firing you, sans severance pay.

 

[joebagadoughnut]

This company could save a whole lotta trouble by simply firing you, sans severance pay

Yes, it does seem peculiar to everyone. If they want to down-size, just say so and do so.

It's great how companies love to brag on those "standard policies" as an enticement, but will renig on them if they see fit when the bullet meets the bone.

We'll see if there are any corporate markers to be called based on relationships and long tenure.

 

[eerelations]

Absent a written contract with severance pay provisions, "relationships and long tenure" count for absolutely nothing.

It may be that this company is experiencing such severe financial difficulties that it simply has no money for severance pay, no matter what its policies say. Remember, severance pay policies are written during financial heydays - they're never written during times of financial trouble.

 

[Betty]

There have been times when state courts have required severance to be paid even though there was no written contract. Employers might be legally required to provide severance to former employees if the employer led them to believe they would be paid, as evidenced by:

a written contract stating that severance would be paid,
a promise that employees would receive severance pay as documented in an employee handbook or personnel policies,
a history of the company paying severance to other employees in the same position, or
an oral promise to the employee that you would pay severance.

 

[eerelations]

So, given the forergoing, you can try to sue your current employer for - what? Not letting you go and not paying you some amount of money (i.e, severance pay) for - what - not letting you go? Oh geez, why can'tcha just move on?

 

[cbg]

I'm not disagreeing with Betty. But absent such occurrances, severance is required by law in only three states, none of which are Arizona, and only in very limited situations even in those three states.

There is no state where severance is unconditionally required by law.

 

[Betty]

cbg, I know there are only 3 states that do require severance in certain circumstances. However, I was just saying I know there have been cases (in other states) where the employer did have to pay severance in certain circumstances if any of the info in my original post applied. It's more a matter of co. policy than of law & the employers are sometimes required to follow their policy.

 

[cbg]

Betty, I was responding more the the poster's evident belief that he will unconditionally receive severance than I was to your post.

 

[Betty]

Oh, ok.