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EmplmntLaw1
EmplmntLaw1,
Category: California Employment Law
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I was laid off after 23 years in April. my employer wants me

Customer Question

I was laid off after 23 years in April. my employer wants me to work until the end of this month. yet they are interviewing for my replacement. Job description is exactly same, salary is a little less. Can I just walk away and still get severance.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  EmplmntLaw1 replied 1 year ago.

EmplmntLaw1 :

Hi, thanks for submitting your question today. There is no legal requirement under California law that employers provide severance pay to an employee upon termination of employment. Thus if you quit the employer could refuse to pay you severance.

Customer:

I have severance pay. I was laid off but I am still working there until the end of the month. They are interviewing for my position with makes it hard to be there. Can I just leave?

EmplmntLaw1 :

You already received the severance pay? Does it state anything in your agreement that you are required to stay to that date to be eligible for the severance pay.

Customer:

Yes the paper work says that I have to remain there until the end of the month and then I will get 12 weeks of severance pay.

Customer:

Is this a usual practice? I mean that they can start to interview for my job while I am still there

EmplmntLaw1 :

It's not really tasteful, but there's nothing illegal about that; I'm sorry to say. If you do not stay to the end of the month you will not contractually be entitled to the severance pay.

Customer:

got it! thanks,

EmplmntLaw1 :



You're welcome. Please leave a positive rating before you exit this chat as it is the only way I get credit for my answers. If you have any questions in the future regarding this matter come back to this thread and I'll be happy to answer. Thanks and good luck with the matter.

Customer:

okay

EmplmntLaw1 :

Thanks

EmplmntLaw1,
Satisfied Customers: 2710
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EmplmntLaw1 and other California Employment Law Specialists are ready to help you
Expert:  EmplmntLaw1 replied 1 year ago.
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Expert:  EmplmntLaw1 replied 1 year ago.
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Customer: replied 1 year ago.

I was laid off from my job after 23 years. I was told it was for financial reasons and they were eliminating my position. I just saw the job posting on line and the only the job title was changed and the salary they are offering in only a little less than I make now.

Expert:  EmplmntLaw1 replied 1 year ago.

Here is the bottom line from a legal information standpoint. California like most states is an employment at will state - meaning you can be disciplined or terminated for any reason that is not otherwise a violation of law. These exceptions are the civil rights protections (e.g., age, race, sex, religion), violations of public policy (e.g., fired for attending jury duty, for refusing to break the law, for reporting illegal activity by the employer (aka a "whistleblower violation"), or having some contractual right to a just cause employment (meaning the employer cannot terminate you without industrial due process - which basically insures a fair and accurate investigation and decision). Without any of these exceptions, courts find that the employer has a legitimate business right to operate its business however it sees fit and the court will not second-guess the employer. These policies and decisions may in fact be awful and clearly not fair or even make good business sense. However, they are not ultimately unlawful.

 

So the legal determination you are seeking is whether one of these exceptions applies to your case. Further, you have an issue in that you probably already signed a release in exchange for your severance agreement. If you believe one of these exceptions applies to you then you may want to review the severance agreement to determine if you can revoke it, and pursue litigation against the employer.

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