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RESPONDER9
RESPONDER9, Employment Lawyer
Category: Employment Law
Satisfied Customers: 389
Experience:  Attorney with more than 20 years of expertise.
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After 18 years of employment my wife was recently advised

Customer Question

After 18 years of employment my wife was recently advised that her position would be eliminated....we are requesting a written document from Management in order to clearly understand options. Management continues to communicate in verbal fashion only. Is this request viable? Also, can we claim severance for her service legally? What legal rights within this venue does an "at will" employee have? Thanks.
Submitted: 11 months ago.
Category: Employment Law
Expert:  RESPONDER9 replied 11 months ago.

Hello and I am truly sorry to see that this has occurred. Unfortunately, although unusual, there is no legal requirement to provide a written document. Her rights include unemployment compensation which should be available in most cases(if she worked the required time and has eligibility) and should be claimed immediately. She must receive written notice of her rights to continued health insurance known as COBRA rights but this will take some time. Also, you can certainly attempt to attain severance pay which could be based upon an employee handbook or similar policy if the company has one but unfortunately there is no legal right to this pay. Finally, if your wife feels her position was eliminated for discriminatory reasons, she may file a complaint with the EEOC(federal agency charged with protecting employees against discrimination). I hope all of this helps and she finds a better position soon.

Expert:  RESPONDER9 replied 11 months ago.

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