Employment contract terminated without cause, will I get severance?

[RedSox5373]

Texas.

I'm a news anchor working for a very large broadcasting company. Thousands of employees.

I was just given 60 days notice that my employment contract has been terminated without cause, as per a clause in my agreement. There are 15 months left on my contract. I've been with the company for 9 years.

I was told I have 60 days to find another job, then I will be asked to sign a release, and given a two-week severance.

However, according to the employee handbook, the severance pay differs depending on how many years you've worked for the company. When the handbook talks about termination, it states being fired "with cause" is immediate and doesn't get you any benefits... a "workforce reduction" gives you severance based on your years worked, but nothing is said in the handbook about being terminated "without cause."

I guess what I'm asking is... Am I only getting 60 days work/pay and after that, getting two weeks additional pay? Or 60 days work/pay and 12 weeks pay, as stated in the severance section of the handbook, for working 9 years.

 

[FlyingRon]

You say you have a "contract." The contract is what determines the terms of the termination and just what the letter says is important.

I'm going to guess here that they're offering to employ you for an additional 60 days if you waive the longer severence. Your option would be to accept the immediate termination and whatever RIF severance would apply.

 

[cbg]

This is not a matter of law. Neither Federal nor Texas law (nor the laws of 46 other states) gives a hoot if you ever receive any severance; the remaining states care only in a limited set of circumstances, which does not include this one in at least two of the three (I don't recall the requirements of the third).

This is going to be entirely a matter of your contract. Employee handbooks rarely (not never, but rarely) reach the level of a contract. Only an attorney in your state who has read all the associated documentation is going to be able to give you an answer with any teeth. The rest is nothing but opinion, which may or may not be informed depending on who's giving it.

 

[RedSox5373]

The employee handbook mentions "voluntary" and "involuntary" separation of employment.

It talks about resignation, reduction in workforce and termination for cause, but nothing is said about termination without cause.

If you're fired for cause, you're terminated immediately and not granted any severance packages, just paid the hours your worked and accrued vacation time.

It goes on to say, in the event of a workforce reduction, here are the severance packages for years worked:

Nothing is mentioned about being terminated without cause. It all talks about being fired for poor performance or misconduct.

HR has been helpless, even though I've pointed out the inconsistencies in my contract and the handbook. If I'm not being fired for poor performance or misconduct, then the only reason I can think of is workforce reduction.

 

[PayrollHRGuy]

They could fire you because they don't like you.

 

[Zigner]

The employee handbook mentions "voluntary" and "involuntary" separation of employment.

It talks about resignation, reduction in workforce and termination for cause, but nothing is said about termination without cause.

If you're fired for cause, you're terminated immediately and not granted any severance packages, just paid the hours your worked and accrued vacation time.

It goes on to say, in the event of a workforce reduction, here are the severance packages for years worked:

Nothing is mentioned about being terminated without cause. It all talks about being fired for poor performance or misconduct.

HR has been helpless, even though I've pointed out the inconsistencies in my contract and the handbook. If I'm not being fired for poor performance or misconduct, then the only reason I can think of is workforce reduction.

As stated above, this hinges on your contract. Please feel free to consult with a local employment law attorney.

 

[eerelations]

The only thing that counts here is the contract. Period.

 

[cbg]

The employee handbook is, in most cases, about as legally binding as a John Grisham novel. It doesn't matter a bean what the employee handbook says or doesn't say - only your contract.