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LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37852
Experience:  30+ years legal experience and I keep current in Employment Law through regular continuing education.
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After working 9.5 years with same company, my job was

Customer Question

After working 9.5 years with same company, my job was eliminated. My employer says they have a new policy that goes by title not tenure. News to everyone I have spoken to. My title is VP Account Director and I was offered only 8 weeks. What are the chances of getting more?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: New York
JA: Huh?
Customer: New York City in NY State
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I believe I've been an outstanding employee. I've won an advertising Effie Award in 2014 which I think reflects well on the Agency as well as my career.
Submitted: 1 year ago.
Category: Employment Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Are you asking about negotiating a severance package?


Customer: replied 1 year ago.
I have been advised that it is better to try to negotiate first before getting an attorney involved.
Customer: replied 1 year ago.
Are you there?
Expert:  LawTalk replied 1 year ago.


Thanks for the clarification. I agree as to not using an attorney. In most instances an attorney will create more problems than they are able to create benefit for you.

In terms of severance, be aware that the state of NY has no mandatory severance pay law, and an employer may let an employee go without any pay or benefits other than that which has been earned up to the point of termination. On the other hand, if the company has a policy of paying severance pay to employees in your situation, then the employer must treat all employees equally in terms of the amount and nature of the severance pay based on their position in the company at the time of the lay-off.

So if you can show that up to this point the severance package has been based on tenure----or a combination of position and tenure, then you will be in a better position to negotiate a more favorable severance with the employer.

Your best leverage for a complete and fair severance package, if you cannot convince the company to keep you on, would be for you to do some digging, asking questions quietly, and determine the history of severance in the company. Perhaps it is even laid out in the employee handbook, and if so, you know the starting point for your negotiations.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

Good evening,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

If I have already provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,