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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20393
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I have worked company 15 years at a Long term

Customer Question

I have worked for a company for almost 15 years at a Long term care facility (nursing home) as a respiratory therapist. They are eliminating all respiratory therapists by eliminating the care of the complex ventilator patients (being placed at other facilities). There are 10 of us there. They sent us a certified letter, wishing us well in our future endeavors. Shouldn't they be offering us some sort of severence package?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Hello,Thank you for the information and your question and I am sorry to read about your situation. Unfortunately, neither Federal nor Illinois law require an employer to offer severance pay to employees that they lay off, regardless of the reason. The only potential exception is that if an employer has at least 100 employees and had a mass layoff then under the Federal law known as WARN, the employer would be required to give the employees at least 60 days notice before the layoff and if they couldn't then pay wages for the number of days short of 60 days notice that they actually gave. In this circumstance, even if WARN applies, it looks like the employer has given more notice than required under the law and therefore need not pay extra wages or severance. Of course, that assumes that there is not contract that states otherwise. This doesn't mean their action is moral or ethical, just that it is legal. Please let me know if you need any clarification.
Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the legal answer I provided to you on the 24th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:
Thank you.