I was employed for over 11 years with my previous employer…

Hello and thank you for entrusting me to assist you. I am so sorry to hear about the loss of your job, especially after such loyal employment.

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. Otherwise, there is no law, either state or federal that requires an employer provide severance of any kind.

Since severance is voluntary, an employee regretfully has no legal basis to demand a larger severance package that what their employer is willing to offer. If an employer is concerned that an employee has a legitimate legal basis to sue (i.e. the employee experienced sexual harassment or racial discrimination on the job), the employer may be inclined to offer a larger severance in exchange of the employee's waiver of their right to bring a claim. Again, however, this would be purely within the employer's discretion and simply a matter of negotiation.

To summarize, since severance is entirely voluntary except for certain very limited circumstance as prescribed by the WARN act, an employee regretfully has no legal basis to demand a larger severance package from their employer.

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

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Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.