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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12801
Experience:  Significant experience in all areas of employment law.
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I been with my employer and i have been inform that my title

Customer Question

i been with my employer for 11years and i have been inform that my title will be eliminated and im going to be interview for a new title , if i dont get the job my pay and title will be demoted .. can i ask my employer for a severance package and i move to a different company .
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.

Hello and welcome. I am very sorry to hear that your title is being eliminated.

With regard to your question, employers are only required to provide severance if they have 100 employees or more and provide less than 60 day's notice of the layoff. In that case, something called The Worker Adjustment and Retraining Notification Act would require the employer to provide 60 day's wages as "severance." In all other circumstances, the only way you will get severance is out of pure gratuity for your many years of service (not unreasonable to expect, but entirely discretionary on the part of your employer) or in exchange for a waiver of your right to sue.

Naturally, employers are more inclined to offer severance and severance in larger amounts to employees whom they perceive to be litigation risks--that is, employees who may have meritorious legal claims against the company. The problem is that most terminations are perfectly legal, since employment in CA is "at will" absent an express agreement to the contrary. At will employment 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.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

This puts you in a difficult position with little leverage to negotiate severance, especially if you do not have any reason to believe that your employer's REAL reason for letting you go is an illegal one (a legally protected trait or activity, as defined above). Of course, even then the neogitation needs to be handled very delicately because if you make too overt of a threat of a lawsuit then that may actually drive a wedge between you and your employer and make a mutual agreement less likely. However, if you simply let your employer know when the time comes that you are willing to sign a waiver of all legal claims, you may find success with that approach. Conservatively, I would typically shoot 1 week of severance for every year of employment. This is a common method for calculating how much severance an employer will offer.

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.

Customer: replied 2 years ago.
then it wont matter if i put my signature on the letter of intent for me to interview for the new job title.
They want us to sign and go for the interview to see if we qualify and then decide if we will do the job for what they are going to offer us..
Expert:  Patrick, Esq. replied 2 years ago.

Thank you for your reply. No, there would not typically be any harm in signing that sort of document. I truly hope things work out for you. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Very best wishes.

Expert:  Patrick, Esq. replied 2 years ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. 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.

Very best wishes.