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I been at work for 30 years at nestle, upon recently they…

Customer Question
I been at work...

I been at work for 30 years at nestle, upon recently they are giving me option for severance cause of my performance of last review. a year ago the union was voted in and many change have taken as such fired of management and supervisor. my position is Supervisor, hispanic

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

Termination no. severance package yes. giving 8 weeks and cobra coverage. will this by ok with law in Georgia

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union, I'm salary

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

They are giving 2 weeks for the final offer they are giving me

Submitted: 3 months ago.Category: Employment Law
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Answered in 9 minutes by:
3/25/2018
Employment Lawyer: RobertJDFL, Lawyer replied 3 months ago
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,217
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Employment Lawyer: RobertJDFL, Lawyer replied 3 months ago

Good morning,

Severance payments and benefits are not required under state or federal law. When and if they are offered, they are typically a matter of contract or agreement between the employer and employee, and the terms of each severance package will vary from employer to employer and different employees may receive different offers. Therefore, 8 weeks severance and COBRA coverage is a legal offer. I will tell you that while there is no one standard for how much severance an employee should receive, the loose "rule of thumb" is 1-2 weeks of severance pay for every year worked, and more if an employee has been in management or held an executive title. So, eight weeks is a pretty low offer. You can certainly counter that offer with something else if you believe you should get more -additional weeks of pay, an extension of benefits, or even other perks can all be negotiated. Of course, ultimately it is up to employer as to what they will and won't accept.

In general, your employer can set the time limits for how long you have to consider the severance package. This might be a few days, or it might be a few weeks. However, special rules apply to older workers when they are asked to sign a release, waiving all claims against the employer, in exchange for the severance.

If you are at least 40 years old, a federal age discrimination law—the Older Workers Benefit Protection Act (OWBPA)—requires your employer to give you at least 21 days to consider the severance package. (You are entitled to 45 days if the deal is part of an early retirement incentive program.) If your employer doesn't give you enough time, your waiver of any age discrimination claim is not valid, and you could still sue your employer.Your employer can't withdraw its offer of severance during the waiting period. And, you don't have to wait the full 21 (or 45) days; you can sign the agreement earlier if you wish.

Under the OWBPA, your employer must also give you seven days after signing to change your mind and "revoke" your acceptance of the severance offer. This seven-day period is required by law; neither you nor your employer can waive it. Because of this, you probably won't receive your severance check until at least seven days after you accept the deal.

Please let me know if I may clarify anything or provide you with additional information. Thank you.

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Customer reply replied 3 months ago
Would a lawyer be recommended to have for the negotiations and how would the law favors this case
Employment Lawyer: RobertJDFL, Lawyer replied 3 months ago

I don't know how much a lawyer can necessarily help in a severance negotiation. They may be able to review the document, for example, to give you an idea if it is legal (e.g., is the employer giving you enough time under the law to review it) and can talk to you about what a fair counter offer might be. But ultimately, because severance is not something that is required to be given, and ultimately, the employer can decide what, if any severance they want to give, it's not something they can legally compel an employer to provide.

The law favors employers here -severance pay isn't required under state or federal law. It's a perk, either offered as part of an employment agreement or union package, for example, or provided by employers as policy.

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Employment Lawyer: RobertJDFL, Lawyer replied 3 months ago

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