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  1. #1
    jaimeb89 Guest

    Unhappy termination right before lay-off to avoid paying severance.

    What is the name of your state? oregon
    I worked for Centennial Bank for 1.5yrs and recently umpqua bank bought out centennial. I was laid off once and then rehired by my old boss to a new branch. iwas told the branch would be closing but not for another year at least. 4 mos later i was told the branch was closeing in May. anyway, 3 weeks before i was fired i had a meeting with my manager in regards to some sick days that i took off. they had carried over from centennial bank 2002 to umpqua bank 2003, i wasn't aware of this. the day before i was fored i took a vacation day, the next day i called my boss she was alittle upset because it wasn't an approved vacation day. i explained that because our branch was closing none of us had filled out the vacation schedule as it is used only to cover vac. time overlapping between employees. she said she understood my situation and told me of a job opening in another dept. she told me to mark it as a vacation day and i told her i wouldn't use any more in the month before the branch was closing she said okay also i had inquired into whether or not the merger had affected my severance time (1.5months) she knew i wasn't going to stay after the branch closure she said i would get it. she said she'd see me the next day. she showed up a half an hour later and said i was terminated for absences she then switched the vacation day to a sick day and i left. i feel somehow i was cheated, am i right?
  2. #2
    Beth3 is offline Senior Member
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    Maybe. But nothing that took place was illegal. They aren't obligated to offer you severance in the first place and if your supervisor determined you had excessive absences and/or took vacation time without authorization, you can be terminated for that.
  3. #3
    jaimeb89 Guest
    I know obviously i am not entitled to severance after termination but i feel i was fired so they didn't have to pay me severance. i had no attendance problem and i was approved by her to put the day as a vacation day. half an hour later she decided to fire me and change the day to a sick day after it was already recorded on the computer as a vacation day.
  4. #4
    Beth3 is offline Senior Member
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    If your employer fired you on a pretext to avoid paying you severance, there are no laws which prohibit that. If your employee handbook or policy manual was written in such a fashion as to limit the employer's rights to fire "at will," then you may have the basis for a suit for severance you would otherwise have been entitled to.

    I suggest you take a careful read through the policy manual/handbook. If it clearly states that you are an "at will" employee and the section on severance makes no absolute guarantees, then you have no recourse. If it does not, then you may wish to consult with an attorney.
  5. #5
    jaimeb89 Guest
    thanks that sounds good except my handbook is in my old desk at work and i contacted hr dept. she said she wasn't allowed to send me anything because i no longer work there. can i avoid having to go into my old place of business to get a hand book??
    oh and am i entitled to my commision made the month of february due to be paid at the end of this month or does that disappear after termination?
  6. #6
    Beth3 is offline Senior Member
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    Absent a subpoena, your employer has no obligation to give you a copy of the handbook now that you are no longer an employee. A former co-worker you're friendly with may be able to supply you with a copy or let you take a read throug his or hers.

    As to your commissions, I obviously have no knowledge of your employer's pay plans and can't say whether you're entitled to payment after termination or not. Typically, commissions are not considered wages and thus aren't subject to state and federal wage and hour laws.
  7. #7
    jaimeb89 Guest
    My commisions do have taxes taken out of them and I beleive they are included in my W-2's as my total income, doesn't that make a wage. Is it at their discretion, should I call and see if they'll give it to me or just not expect it.

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