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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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I got off form my company last month with no fault of

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I got laid off form my company last month with no fault of myself. I was in bench for few months any my company that they couldn't able to find projects for my placement. a my company said that they will pay one month severance package. I served in this company nearly 4 years.[ 3 years 10 months]
I am female in late 40's and had disability[renal cancer and underwent surgery in 2014]. Now I lost my health insurance, disability insurane. Everymonth six months I must undergo CT scan to determine my present condition and depending on the results only I have to decide and plan my next six months life. Now I lost my job and insurance.
Can I ask my employer for more severance package ? what are my rights to ask? Please advise.
Email :***@******.***
Submitted: 6 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 6 months ago.
Good evening and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. Except in certain very limited circumstances involving mass layoffs at large companies, employers are not required to pay any severance at all. Employers generally choose to offer severance in exchange for a waiver of any legal claims the employee may have. By extension, the amount of severance an employer is willing to offer usually correlates to the perceived legal exposure created by the employee. The greater the legal exposure, the more an employer is probably going to be willing to pay in severance. The general rule in AZ is that employment is "at will" and as such can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). However, you mention your age and a disability. If your employer thinks you might sue on the ground that you were terminated for either of these reasons, you may have some leverage to negotiate more in severance. The tricky thing is that you usually don't want to come out and make a direct threat (i.e. "If you don't pay more in severance I'll sue") This can create acrimony and cause the employer to retract the severance offer altogether. So, it's generally best to make only a subtle reference to the possibility of a legal claim. Something along the lines of "I believe $________ would be fair severance. I would need to discuss my rights with a local attorney before considering anything less." 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.* Disclaimer *Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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