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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 33802
Experience:  15 years practicing attorney
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My company just made some layoffs. We were told that there

Customer Question

My company just made some layoffs. We were told that there would be no severance packages being given. Yet some employees received some while others didn't. Is this legal?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Yet some employees received some while others didn't. Is this legal?

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Unless an employee is under a written employment contract that mandates a severance payment in the event of a separation, then severance is an entirely voluntary payment on the part of the employer. No state law mandates severance payments in TX. So yes, it would be legal for some employees to receive severance while some didn't.

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The exception would be if there was an established policy that the employer wasn't following or if they were being illegally discriminatory (i.e. only while males get a severance) in determining who received a severance.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister