How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18811
Experience:  Employment/Labor Law Litigation
20011183
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

My company just completed a reduction in force. I

Customer Question

My company just completed a reduction in force. I volunteered to be part of it but they elected to keep me. I don't want to stay and I'd like to negotiate a separation agreement since I'm a key employee for some strategic aspects of the business. Should I consult with an attorney?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

You can consult with an attorney, but unfortunately, there is no right to severance or to be a part of a reduction in force. Unless you could point to some evidence suggesting that the only reason you aren't being included is your race, religion, gender, age, disability or recent medical leave use (essentially.,..discrimination), there is no legal means of pressing for severance.

Employers negotiate severance when they actually have some threat of suit against them which would justify them offering you severance as an incentive to sign a release of claims. You've identified no facts that legally support any sort of allegation of discrimination that would compel the employer to even entertain negotiations for severance.

So, while I'm always reluctant to tell someone not to talk to attorney, I can tell you that we have to power to press an employer to engage in negotiation for something they have no legal obligation to do, without some threat of suit.

Related Employment Law Questions