Denied severance.

[wavehopper27]

What is the name of your state (only U.S. law)? I live in Massachusetts but my formwer employer is located in Rhode Island.

I understand that wrongful termination means getting terminated for an illegal reason such as a disability or sexual orientation. it does not mean getting fired for a legal reason that did not actually occur.

My question is if I get fired for something I did not do and they deny my severance is this something I can challenge? I was supposedly terminated for performance reasons yet every review done by my employer up to the date of the termination made zero mention of any problems.

 

[swalsh411]

You have no right to severance pay.

Are you talking about unemployment? Totally different thing. Please clarify so you can get an accurate answer.

 

[wavehopper27]

Im referring to severance.

 

[cbg]

Although MA is one of the very few states where severance is ever required by law, it is only required by law in a very, very few situations that have to do with the sale of the company.

That being the case, any "right" to severance you might have would be related to company policy or union contract.

You are free to challenge the decision in that no law says you cannot. But in the absence of a legally binding and enforceable contract or CBA, the law is silent on the issue; there is nothing in the law that would force the employer to provide you with severance when fired for performance issues regardless of whether they told you about them in your performance review or not.

 

[wavehopper27]

I live in MA but my employer was located in RI.

 

[cbg]

Doesn't change the answer any. RI doesn't ever require severance.

 

[wavehopper27]

Ok.

I thought maybe since severance was a company policy in effect at the time of my termination that I should be entitled to it since the reasons for my termination were untrue.

Live and learn.

 

[ESteele]

OP, I do not know whether you fully appreciated cbg’s last comment. I read her post as correctly stating that if you have a contract related claim for the severance you can pursue such a claim. However, if you do not have a contract based claim, then you cannot.

Unless you can establish that the denial of severance here contravened a contractual provision (e.g., a collective bargaining agreement; implied-in-fact contract) or statute (e.g., Title VII; wage collection law), then you likely cannot legally force your employer to pay you severance, despite the fact your documented performance was purportedly unimpeachable.

In short, if this is entirely an employment at will situation, then you probably cannot make a viable claim against your employer. Nonetheless, if you have a question in your mind whether your employer’s conduct violated a contractual provision or a statute and the amount of the severance is significant, then it may prove worthwhile for you to consult with a local employment law attorney.

 

[cbg]

Whether "the reasons for your termination were untrue" or not has NOTHING whatsoever to do with whether severance is due.

Let me put this as simply as I can.

In RI, the law NEVER requires that you receive severance. Ever. Under any circumstances whatsoever. No matter what the reason for your termination; no matter whether it is true or not. (And, btw, the fact that your manager did not mention the performance issues in your review does not mean that the reasons are untrue - I have had to counsel managers before now who didn't realize that performance issues were supposed to be mentioned in performance reviews. Seems ridiculous, I know, but true.)

Since the law does not ever require that you require severance, it comes down to contract. If you have a contract or legally binding policy that says you get severance when fired for performance reasons, or at least is worded in such a way that it would be violated if severance is not granted, then you have legal leg to stand on. If you do not have such a contract or binding policy, then you don't.

"I didn't do what accused of" isn't going to sway the state of RI one whit.

 

[Stephen1]

Your employer does not believe "the reasons for your termination were untrue". If so, he wouldn't have terminated you. Why would he give you additional money to leave when he believes that you weren't doing the job you were hired for?

 

[wavehopper27]

I have my own beliefs and suspicions about the real reason for my termination that have nothing to do with job performance. I am, however, aware that "beliefs and suspicions" without evidence to back it up would get me laughed out of court.

I've got another job now that has much better pay and benefits that the other one so it seems they did me a real big favor without even knowing it.

 

[eerelations]

What are your beliefs and suspicions? You do know that even if you have evidence to back them up, they still may not constitute a wrongful termination, right?

 

[wavehopper27]

It was not illegal to fire me for the reasons they stated. I just dispute the reasons. I had excellent reviews right up until a few months beforehand.

It is my "belief" that my firing was personal and done under the guise of performance issues. Even in the meeting with HR on the morning of my termination, they could not produce specific examples of the performance issues that they were firing me for.

I know that what they did was not illegal and, even if it was, I have no evidence to back it up. So, the issue is dead and its time to just move on.

 

[ESteele]

One last question, OP: Why do you believe you are entitled to severance pay?

If you were an employee at-will, then your employer likely extended severance pay to certain soon to be ex-workers wholly at its discretion. Consequently, you probably would not have grounds to require the employer give such discretionary severance pay to you.

If, however, a collective bargaining agreement, an employee handbook or an offer letter established a formula for calculating severance pay (e.g., one week pay for every year of tenure with the company), then you could possibly have grounds for pursuing a claim for such severance pay.

 

[wavehopper27]

It is clearly spelled out in benefit manuals and other internal documents that severance is paid out at a rate of 1 week for every year of service. I believe they made up phony performance issues to circumvent having to pay me. I cannot prove this except with the lack of negative evaluations in the weeks leading up to my termination.