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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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This concerns employment in the District of Columbia,: 1.

Customer Question

This concerns employment in the District of Columbia, Washington:
1. What is the policy for severance pay in Washington, DC? What is required?
2. Are severance packages give to employees over the age of 40?
3. Is there a rule that states that all District of Columbia employers have to give credit for tenure in a severance pay program for people who reside in DC?
4. Is there a rule for employees who are also Veterans or is this just for DC state employers?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Under the federal WARN Act, an employer with at least 100 employees that lays off at least 50 during a 30-day period must either give 60 days notice of the lay off or pay 60 days wages. This is the only circumstance in which severance is ever required by law. Since there is no law which otherwise requires severance, no law requires employers to give particular credit to employees based on tenure or veteran status. The amount an employer offers in severance is completely discretionary and usually a function of the perceived "litigation risk of the employee," since an employer's primary motivation for offering severance is to obtain a waiver of any rights that employee may have to sue in exchange.

So, to answer your question about what is required, the answer is "nothing" unless the WARN act applies. Severance is negotiated on a case by case basis and more or less will be offered depending on whether the employee might have some basis to allege discrimination (age, race, religion, etc.) or some other unlawful basis for their termination.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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