QUESTION
Was hired at JCP in 1999. Briefly left in 2012. Came back 1 month later.JCP is offering me 8 weeks severance pay. Is this something I can negotiate?
Asked on Feb 09th, 2021 on Labor and Employment - New York
More details to this question:
Hi, I was hired by JCPenney in September of 1999. I left for a different opportunity, in late February, of 2012. I quickly realized that my new job was not a good fit, and came back to JCPENNEY the first week of April, 2012. I was gone for a total of five weeks. I worked there until they shut down the Custom Decorating department on February 1’st, 2021. I spent over 21 years with the company. Over this time, I was consistently rated at the top of my position. The company furloughed everybody in March of 2020, and brought back a select few in July of 2020. I was the only person they brought back for all of NY state. I was also working in Massachusetts, Rhode Island, Connecticut, and Pennsylvania, trying to service as many customers as possible. They are now offering me 8 weeks of severance pay. One week for each year of service. I reached out to JCPENNEYs HR department, and pleaded my case that I was with them 21 years. They stated that my most recent hire date was 2012.
1 ANSWER
It looks like you were a valued employee. Did you receive retirement benefits, pension, 401K, ERISA covered compensation?
If so, were you provided with an SPD, Summary Plan Description?
You might have a claim. You should retain an employment lawyer to review your entire agreement, benefits, SPD, employee handbook, etc...
A number of years ago I helped a client with severance after an employer claimed that service was not continuous. There were other facts in that scenario but we were able to successfully get the employee very close to the maximum amount of severance.
Severance agreements should always be reviewed by legal counsel. And most of us do that for flat or fixed fees depending on what the goal of the review is. It looks like that might help you. Call some employment lawyers before you sign anything. You should be given ample time to do so by law.
Answered on Feb 10th, 2021 at 11:05 AM