severance package

[jkruvi]

What is the name of your state (only U.S. law)? California.
What is the waiting period I have to respond to a severance package ? I was told 21 days to 45 days. which one is correct? thanks

 

[pattytx]

If you are age 40 or older, you have 21 days; if not, the employer could give you NO days. I don't know of any law that provides 45 days.

 

[cbg]

Mass layoffs for over-40's are 45 days.

 

[pattytx]

Mass layoffs for over-40's are 45 days.

vs. individual lay-offs?

DAYUM, learn something new every day.

 

[cbg]

There is a definition somewhere (possibly in the WARN Act) that defines how many people constitutes a mass layoff, as opposed to just a layoff. There can be more than one individual without triggering the 45 days, but I don't recall off the top of my head how many more.

 

[jkruvi]

the state is California. Any idea what is the employer obligation to provide 45 days in case of severance package waiting period?

 

[cbg]

How old are you, how many people were laid off, and what percentage of the employee population were let go?

All of those factors enter into determining how many days, if any, the employer must give you to sign the severance agreement.

Keep in mind that unless this is pay in lieu of notice under WARN or required by legally binding contract or CBA, severance is not required by law at all.