QUESTION

Severance in california

Asked on Oct 24th, 2014 on Labor and Employment - California
More details to this question:
I resigned from my job and my boss emailed me saying she would pay me a severance. A week later she goes back on it saying I was not a good employee and she doesnt want to pay it. Is that legal? Others were given severance upon termination and resignation
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1 ANSWER

Labor and Employment Attorney serving Los Angeles, CA at DeCarlo & Shanley A Professional Corporation
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Unless there is some policy / practice or employee benefit plan regarding severance, your employer is under no obligation to provide you with severance.  However, if the employer promised you severance and you provided something in return or relied on that promise to your detriment, you may have a contract theory against the employer.  For instance, if the employer promised you a month of severance and you relied on that promise to make a payment, the failure of the employer to deliver on that promise might form the basis of liability against it.  Of course, proving that the employer made such a promise would be difficult.  If the employer had a practice or policy of offering severance and somehow decided you were not entitled to it, especially if the employer did so on grounds of a protected classificaiton such as race, that might be theoretically grounds to hold the employer liable.  Again, though, this is not easy to prove as you must estabish the practice / policy and then argue you were entitled to it but were wrongfully denied it.
Answered on Oct 28th, 2014 at 7:14 PM

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