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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 20103
Experience:  Former judicial law clerk, lawyer
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I left my job a few months ago for several personal reasons.

Resolved Question:

I left my job a few months ago for several personal reasons. Work offered a voluntary layoff that i requested. They asked why i wanted the lay off and I explained that I planned on leaving soon because my wife was pregnant.

After this explanation, they rejected my voluntary request for the reason my position wasn't going away. Since I have been gone, they have failed to fill the position. Talking with former co-workers, they said they looked, but decided not to back fill my position. Is any of this legal? I feel they took my situation and made it work in their interests. On top of this, if they had let me voluntary, i wouldn't have had to pay back my student loans and I would have been given a severance package of 1 weeks pay for every year i worked there. This would have been a total of est $12k, but instead i left owing the company around $5k

Other co-workers who were buddy buddy in the same level position I was in, were given the severance and voluntary layoff.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Generally, there is nothing in the law that entitles an employee to a severance package when leaving employment. This is doubly true when an employee voluntarily leaves a position. The only exception is if there is a written contract that states you can request a voluntary layoff in lieu of quitting (and get a severance package) or there is some sort of formal policy allowing it. Look at the requirements for voluntary leave, and see whether there are any exceptions.

If you had a legal right to leave, based on established policy or something in writing, then you may have a claim against them. However, it wouldn't be enough just that other people received it and you didn't, unless there's some entitlement or evidence of discrimination. The law doesn't require that all employees receive exactly the same benefits for similar positions.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 20103
Experience: Former judicial law clerk, lawyer
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