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P. Simmons
P. Simmons, Lawyer
Category: Employment Law
Satisfied Customers: 34303
Experience:  Employment Law Expert
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I am being off. I worked 3 years which will be on Feb 11,

Customer Question

I am being laid off. I worked for company for about 3 years which will be on Feb 11, 2016. Should I get Severance package and what it should be?
Submitted: 1 year ago.
Category: Employment Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Can you tell me, are you a union employee?

Customer: replied 1 year ago.
No
Customer: replied 1 year ago.
Philip, I would love to talk with you. Is there any way I can call you after couple of hours or you can call me. I have just guests coming over right now
Expert:  P. Simmons replied 1 year ago.

Thank you

Happy to chat
I will send the offer

Customer: replied 1 year ago.
Can, we continue chat after 2-3 hours if needed?
Expert:  P. Simmons replied 1 year ago.

Certainly. Happy to do so

Customer: replied 1 year ago.
Let's continue with the chat
Customer: replied 1 year ago.
Can you tell me what other questions you have so I can answer those for you. I am in Houston, TX
Expert:  P. Simmons replied 1 year ago.

Certainly, what is the reason for termination?

Customer: replied 1 year ago.
My manager is saying that he can not find a role for me
Expert:  P. Simmons replied 1 year ago.

Thank you
Texas "at will" state for employment law...In an "at will" employer/employee relationship, either side can end the relationship (the employer can fire the employee or the employee can quit) "at will".

As an "at will" employee your options are limited. Your employer can fire you for a good reason, or no reason at all. The only thing that they can not do is fire for a "bad" reason. A "bad" reason would be if they fired you based on race, ethnicity, national origin, religion or gender some other protected class (like if you were a "whistleblower")

Here, if they fired you because they did not "have a role for you", you would not have grounds to sue.

And that is important in the question of severance....since there is no Texas law requiring severance. Typically an employer will offer severance if they want to ensure that there is no lawsuit (since to accept a severance package, you have to sign an agreement you will not sue them)

You can certainly request a severance package. But there is no law requiring they provide one

This is the part of my job I don't like...when the law is not in favor of my customer. I wish I could tell you that you are entitled to severance but I can only provide you information based on the law so that you can act on the best available information to you...I wish I had better news, but can only hope you recognize and understand my predicament and don't shoot the messenger. I'm sorry!

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

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