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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 35333
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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If I agree to change status from a full time employee to a

Customer Question

If I agree to change status from a full time employee to a full time consultant, is any severance due? Is there another way to compensate for canceling the benefits even though being a consultant is beneficial for work-life balance (I can now work from home several days a week), but stability is a concern.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

In terms of severance, be aware that the state of CA has no mandatory severance pay law, and an employer may let an employee go, or reassign them to a different position without any additional pay or benefits other than that which has been earned up to the point of termination/position change. On the other hand, if the company has a policy of paying severance pay to employees in your situation, then the employer must treat all employees equally in terms of the amount and nature of the severance pay based on their position in the company at the time of the lay-off.

Your best leverage for a complete and fair severance package, if you cannot convince the company to keep you on, would be for you to do some digging, asking questions quietly, and determine the history of severance in the company. Perhaps it is even laid out in the employee handbook, and if so, you know the starting point for your negotiations.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2015,

Doug

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