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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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My company just completed a reduction in force. I

Customer Question

My company just completed a reduction in force. I volunteered to be part of it but they elected to keep me. I don't want to stay and I'd like to negotiate a separation agreement since I'm a key employee for some strategic aspects of the business. Should I consult with an attorney?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

You can consult with an attorney, but unfortunately, there is no right to severance or to be a part of a reduction in force. Unless you could point to some evidence suggesting that the only reason you aren't being included is your race, religion, gender, age, disability or recent medical leave use (essentially.,..discrimination), there is no legal means of pressing for severance.

Employers negotiate severance when they actually have some threat of suit against them which would justify them offering you severance as an incentive to sign a release of claims. You've identified no facts that legally support any sort of allegation of discrimination that would compel the employer to even entertain negotiations for severance.

So, while I'm always reluctant to tell someone not to talk to attorney, I can tell you that we have to power to press an employer to engage in negotiation for something they have no legal obligation to do, without some threat of suit.