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I am currently employed at JPMorgan Chase but in term

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I am currently employed at...
I am currently employed at JPMorgan Chase but in long term disability. However, I have just been informed by HR dept that my position has not been eliminated but no longer available. Therefore, am I now eligible for severance pay?
Submitted: 2 months ago.Category: Employment Law
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Answered in 51 minutes by:
3/30/2018
Employment Lawyer: Lucy, Esq., Lawyer replied 2 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
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Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

There is no state or federal law that requires employers to pay someone severance pay when laying them off. Whether a person is entitled to severance pay is a matter of private contract between the employer and the employee. If you don't have a specific contract or employee handbook that mentions severance, ask HR what the company policy is. You can also ask to negotiate a payment even if they haven't promised to do so. They don't have to provide it, but that doesn't mean you can't make the request.

Once you are able to work again, you may be eligible for unemployment compensation. However, a person cannot collect disability and unemployment at the same time, because disability requires that you're unable to work, and unemployment requires that you are able to work.

Note, however, that they can't lay you off because you're disabled. If your position was the only one eliminated, you may have a claim against the company for violation of the Americans with Disabilities Act. Unless this is a mass layoff, you may want to talk to an employment discrimination lawyer in your area. Having a lawyer contact them and explain why it's illegal for them to let you go could make them more likely to give you a generous package.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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Employment Lawyer: Lucy, Esq., Lawyer replied 2 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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