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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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I was offered & accepted a severance package due to job elimination

Customer Question

I was offered & accepted a severance package due to job elimination on Jan. 8, 2015 that consisted of the standard company severance provisions, basically 1 year severance pay with medical insurance. Now, I find out that the company is offering a new severance package for anyone age 55 with 5 years service. I'm 57 with 30 years with the company. This new package consists of 2 years of severance pay with medical insurance. The plant I worked for is in Texas with headquarters in NJ. Is there any way I can go back to the company & get them to give me the newer package?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 2 years ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade of employment law experience. It is a pleasure to assist you today.
Severance packages are not generally governed by statute. As such, and as in this case, you do not technically have a right to force the company to give you the newer severance package now, unless they had already begun giving it to other similarly situated individuals at the time of your departure. If that was the case, then you could argue that you were treated in an inequitable fashion and perhaps discriminated against. You could legally force their hand to give you the newer severance.
That said, if this came into being after your departure and acceptance of your specific package, there is nothing that you can do legally to force them to switch you over.
That said, based on your years of service, the good faith thing to do would be for them to switch you to the newer package. As such, you should send a certified letter with a return receipt to the HR department of the company and explain the situation and formally request to be switched over if at all possible. The worst thing they could tell you is no.
Let me know if you have any other questions or comments.
Best wishes going forward!
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I want to make sure you are as comfortable as possible moving forward. Thanks!