Has anyone been part of a mass layoff in which severance packages were dispersed unequally and unjust? I’m a 41 y/o female, 8 yr tenure and sr management. received 2 weeks severance/8 weeks benefits which is unacceptable. HR claimed that all employees received the same severance due to financial hardships. Meaning I received the same as a 23-26 yr old entry level with <1 yr tenure. I’ve come to find that 2 vps received 6-10 weeks. How is this just? Yet to sign and attorneys haven’t helped

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You need to talk with an attorney, many will give you a free initial consultation.

If you are in the US, you have certain protections after age 40. If the layoff affected more than a certain percentage of the firm, there are rules that must be followed by the company.

Here’s the order you need to follow.

1. Don’t sign your severance. Check to see if it outlines a time period for when you must sign. If you are over 40, you should have a longer timeline.

2. Review your original employee contract. Check to see what it says about layoffs, severance, reductions in force (RIF), and involuntary separation.

3. Search those same keywords in your employer handbook and see what it says about each. If a company has outlined a specific process in either, then usually that is the process they must follow.

4. Check both documents for the applicable legal jurisdiction. If you’re remote, it may not be the same place as where you live.

5. Save all of those documents (including your separation documents) into a folder—you’ll be giving this to an attorney to review.

6. Find an employment attorney within the legal jurisdiction stated in the contract. You can search google, or superlawyers. Some listings will show which ones offer free consultations.

7. Always get a second or third opinion for an attorney. The consultation is set up to hear what is going on, and they will offer their pricing fee structure. Depending on where you live, ranges can be between $300/hr or more. Some attorneys will give you a package rate (like $700 total for x hours). Costs may be more if you hire them to communicate on your behalf with HR.

8. Be careful how you communicate to HR. In some states (like Florida), the moment you say that you’ve consulted an attorney, HR will likely stop talking to you and say that they must work with your attorney directly. Just respond with a “I’ve reviewed the materials…”

9. Try and be as emotionless as possible. I know you feel let down, but you will need to make a case based on facts alone. What you and your attorney are going to be looking for is whether they broke any laws in their approach.

10. At the end of the day, the severance is there not to protect you, but to protect them from you suing them. In some cases, if they won’t budge on the price, you just need to calculate whether the money being offered is enough to not take legal action against them. Sometimes it isn’t worth taking the money at all.

11. While you’re talking with attorneys and reviewing your severance, don’t forget to apply for unemployment benefits. Some states require you show proof of layoff. In some cases you can share the severance documentation. In others, you may need to get an official statement in company letterhead from HR.”

Good luck.

likeupliftingsmart

For US employees: "There is no requirement in the Fair Labor Standards Act (FLSA) for severance pay. Severance pay is a matter of agreement between an employer and an employee (or the employee's representative)." ...In other words, they're not required to give you anything. File for unemployment benefits and be aware the severance their offering you may have a timeline to sign the form or you risk getting nothing. It's not fair but it is legal. Reality can suck when you're not a VP in your case. I'm sorry, I'm in a similar boat and it's best to sign, get your severance, file for unemployment, and move on. I wasted a month being angry and I sure wish I hadn't. Best of luck in your next role.

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Life isn’t fair.

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