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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12625
Experience:  Significant experience in all areas of employment law.
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Worked for a company for 3 years and 2 months. Have never

Customer Question

Worked for a company for 3 years and 2 months. Have never had a review and have never been given goals to meet. Have asked on several occasions to sit down and put together a business plan and that has fallen on deft ears. As I entered work on August 3, 2016 I was met by owner and son and told that I no longer was employed there. The reason given was lack of sales. Again, no sales goals were ever stated. I have received no severance and an still scratching my head to try and figure out what happened. Again, was never given a review and sat down with the owner almost every day and never talked about sales goals.
Submitted: 12 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 12 months ago.

Hello and welcome. I am very sorry to hear you were let go. What is your question about this situation, exactly? I very much look forward to helping you on this matter.

Customer: replied 12 months ago.
Can I Get a severance package?
Expert:  Patrick, Esq. replied 12 months ago.

Thank you.

Employers have no legal obligation to pay severance. Usually, severance is offered when there is some perceived legal exposure, and in those cases it is offered in exchange for a wavier of legal claims. The problem is that termination under the circumstances you describe does not implicate any violation of the law. Employment in the state of Kansas is "at will" absent an express agreement to the contrary, and 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.

So, you could certainly ask for severance. However, you just want to be mindful that you are not really operating from a position of legal leverage.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....