Lawyers and Employment Termination (USA)

March 12, 2005 4:35 PM

Trusting soul I am, I expect a decent severance package from my employer. HR said I was entitled to a severance package (14 weeks). Should I get that in writing? And have any of you had to use a lawyer to get what you expect, to make sure there are no 'misunderstandings'?
posted by inchoate to Law & Government (8 answers total)

From the way to question is written, it is unclear to me whether you are just asking or if you are in the process of being laid off right now. If the latter, you should definitely get a clear termination letter that spells out exactly when the severance pay ends. If there are any questions insist that they are clarified before you sign it.

I've been through this a couple times and never used a lawyer, but make sure you are comfortable with the termination paperwork.

Good luck.
posted by rglasmann at 5:45 PM on March 12, 2005

Get everything in writing! Do you really want it to be an ex-employee's word against some large respected corporation if it comes down to it? Ask them to write it up and have all parties involved date and sign it.
posted by raster at 5:48 PM on March 12, 2005

I would have thought that an email to the HR staff member who made the offer, detailing your understanding of the conversation, is sufficient. Her/his reply should either confirm or deny, in a legally satisfactory manner, that her understanding is the same. Try it - it has elements of informality and recorability. Good luck!
posted by dash_slot- at 5:57 PM on March 12, 2005

Where are you? You may be entitled by law to severence, particularly if you work for a large company.
posted by duck at 9:16 PM on March 12, 2005

Best answer: HR said I was entitled to a severance package (14 weeks). Should I get that in writing?

If you're negotiating with your employer to leave, then yes, you should get the details in writing. If you'd characterize your interation as "being informed", then the suggestion to send a email characterizing your understanding, with a polite "Please let me know if this is incorrect".

Contrary to duck's comment, my understanding is that in the U.S., there is no "entitlement" to a severance package unless that is specifically written into a union contract or an employee handbook or other official company policy. Your company may have a consistent approach (and if they fail to offer that to you, perhaps there would be grounds for a lawsuit), but companies typically give severance packages to preserve morale and the company reputation, not because they have to.

Except: the one leverage you may have is that you may be asked to promise that you will not say anything negative about the company, ever, in exchange for the severance package (and if you violate this agreement, you owe the money back). (Not much leverage for you, but a bit.) That's one reason (among many) why the higher up you are in an organization, the better the severance package is likely to be.

Good luck!
posted by WestCoaster at 10:07 PM on March 12, 2005

As a general addition...the whole point of getting things in writing, i.e. a legally-binding contract, is to cover the worst case scenario(s). E.g. you think that you're getting the pay off and then your employer turns round and says 'We have no idea what you're talking about. Your things are sitting on the front step of the building. Edward is here to escort you out.'

Enter into an agreement with the intention that things will go well but knowing that you're covered if things take a turn for the very worst.

Obvious stuff but too many people don't heed this and end up in trouble.
posted by i_cola at 2:01 AM on March 13, 2005

Yeah, I don't know about the US. In Ontario I helped my aunt file a complaint when she didn't receive the 23 weeks she was entitled to by law (8 weeks pay in lieu of notice and + one week for each year she had worked for the company).

In the US I know someone who did not get the job contract terms he was offered. He had the email (the email was a formal letter offering employment, and listing the conditions, not just a "yeah, that's pretty much what we agreed to") and took it to a lawyer. The lawyer basically said that the email would be too hard to enforce as a binding contract.
posted by duck at 7:20 AM on March 13, 2005

For those looking for useful, non-Mefi comments on severance in the U.S., I recommend:

Gottrouble.com page

infirmation.com page

(Not surprising, both of these are posted on behalf of law firms.)
posted by WestCoaster at 5:18 PM on March 13, 2005