I am 1 month into a 3 month short term disability(std)/LOA and received news a day after a large scale RIF that I was also impacted. The HR person did not realize that I was on LOA and then forwarded the email to my personal email. The severance letter has “Draft” watermarked on it and does not include any language about FMLA vs Non FMLA impacted and I am also over 40 which is a protected class. They gave 1 month severance which is standard for someone with less than 5 years experience(cont’d 👇)

like
Posting as :
works at
You are currently posting as works at

What is the best way to frame a request for additional severance ? I would like a total of 4 months to get me through the Holidays and recover from my personal health issues. Thanks

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Probably need to ask in the employment law bowl (if there is one) or law bowl!

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Looks like it might be negotiable but as long as the RIF was done properly you probably don’t have a strong case for discrimination. That said it’s worth asking for more. 4 months does seem reasonable to me. I’m an employment lawyer and I draft similar demand letters for a flat fee.

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Thank you for the response. I decided to just take the 1 month and run. Have a great weekend !

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This isn't what you want to hear,, but you don't have any extra rights during a rif because you were on FMLA. You can ask for more serverence due to your leave status, but they have no obligation to provide it.

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Amazon Google

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