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TexLaw
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How do I go about requesting my employer, headquartered in

Resolved Question:

How do I go about requesting my employer, headquartered in Texas, but I physically work in Pennsylvania, for severance pay, and how to determine what amount of severance is fair?
Submitted: 1 year ago.
Category: Employment Law
Expert:  TexLaw replied 1 year ago.
Hi,

Thank you for your question.

First of all, we need to start with the legal proposition that an employee who is being laid off or otherwise resigning is not entitled to severance pay unless it is guaranteed in a contract or by a written company policy.

That being said, the first issue is to determine what other workers in your position have left the employer and obtained severance pay.

When talking about the amount you want to ask for, there are several issues at play:

(1) how much you are currently paid.

(2) what your position is to the company?

(3) are there revenue streams that you helped establish that will continue after you left?

(4) are obligated under a non-competition agreement?

(5) are there legal violations of your rights that you could potentially sue the company for?

I look forward to hearing back from you.
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4214
Experience: Contracts, Wrongful termination and discrimination
TexLaw and 2 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, ZDNLaw.



Severance is not written in the contract.


1)800/mon


2) House Director of a sorority


3) N/A


4) N/A


5) I'm not sure.


 


The House Director is a live-in position for the academic year. The notice date was 7/20, and the corp has asked me to move out by 8/7. This poses a challenge because I am currently out of state for family emergency and cannot move out in such short notice. This would require 1) I fly back early during summer vacation 2). find an alternative residence 3) complete the move out process.


 


Alternative would be to hire moving company in my absence. How best to draft the severance request?



Many thanks for your help.


 

Expert:  TexLaw replied 1 year ago.
The amount which you are being paid does not give you much room for severance. Most people who get severance are in executive positions within a company, or are high level staff with high pay. Severance for these individuals can be as little as 2 weeks salary and as much as 1 years salary. The higher of those two reserved for individuals who were able to negotiate this perk before accepting the job.



In these circumstances I would send this as an email or a letter.

Dear ______,

It has been a true pleasure serving as the House Director for __________Sorority. I'm truly sad to be leaving your employ and face difficult challenges on the road ahead.

Because this notice of termination came as a complete surprise to me and has caught me off guard as I am currently away from the house on a family emergency, I am in need of some consideration on your end to assist me through this transition. The notice period which you have given me does not provide me with enough time to return to the house and move my things out. Unfortunately, this means that I will have to incur some unexpected expenses in order to comply with your notice period.

I've been a loyal and honest employee and humbly ask that you consider granting me a two month severance pay of $1,600.00 in order to help me with this transition.

Thank you for your consideration of this matter and I look forward to hearing back from you.

Sincerely,__________


This is just a suggestion on how I would approach it if I were in your situation.

I would follow this up with a phone call to the person you sent it to.
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4214
Experience: Contracts, Wrongful termination and discrimination
TexLaw and 2 other Employment Law Specialists are ready to help you

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Contracts, Wrongful termination and discrimination